
Qass. 
Book 



LB 7..^ 2^ 



/^/y 



LAWS OF WISCONSIN 



RELATING TO 



COMMON SCHOOLS 



Free High Schools 
Normal Schools 
County Training Schools 
County Agricultural Schools 
State Graded Schools 
The State University 



COUNTY AND CITY SUPERINTENDENTS, 
TEACHERS' INSTITUTES, ETC. 



PUBLISHED UNDER DIRECTION OF 

C. p. GARY, State Superintendent 




MADISON, WIS. 

Democbat Pbintinq Company, State Pbinteb 

1911 



LAWS OF WISCONSIN 



RELATING TO 



COMMON SCHOOLS^73 



Free High Schools 
Normal Schools 
County Training Schools 
County Agricultural Schools 
State Graded Schools 
The State University 



COUNTY AND CITY SUPERINTENDENTS, 
TEACHERS' INSTITUTES, ETC. 



rUliLISUED UNDER DIRECTION OP 

C. P. GARY, state Superintendent 




MADISON, WIS. 

Dejiocbat Feinting Company, State Peinteb 

1911 






^rfM ^ ilj B ii W l'W * *-' 






K 



:'i 



^ TO SCHOOL OFFICERS. 



This volume is public property, and belongs to the common school 
district, the high school district, the township district, or the city 
or county superintendent district to which it is sent. The copy sent 
to the district clerk is to be kept in his office, for his own use and 
that of the other members of the board, but it may be loaned to any 
voter of the district, for a time not to exceed five days. The book 
should not, however, be loaned to any one, if an annual, special, or 
adjourned meeting is to take place within ten days; it should be kept 
in the possession of th©^ clerk, and produced by him at such meeting, 
for consultation by the voters. ""* -'•■•-•■'• [ 

The volume which comes to each town clerk is to be kept by him in 
his office, for his official use, and for the use of the town board of 
supervisors. ' ■ - 

These volumes are the property of the school districts, or of the 
towns, and not the property of the officers in whose possession they 
may be placed. They hold theiW'6irty>ij*-tii©i-r- official caE^acity. The 
copies should be carefully preserved, and with the other school dis- 
trict or town records and property, handed over to successors in 
office, and a receipt taken for them. 



TABLE OF CONTENTS. 



Paso 

Academies y5-.">r> 

Alteration of Scliool District Boundaries 4r>-5('> 

Appeals 218-2-J2 

Borrowing JMoney 104-173 

Certificates and Examinations 113-i;;0 

City Superintendent 273-275 

Colleges 35-30 

Child Labor Law 204-309 

Compulsory Attendance Law 08-105 

Consolidation of School Districts 51-53 

Constitutional Provisions 1-3 

County Superintendent 140-153 

County Training Schools for Teachers 37-42 

County Schools of Agriculture and Domestic Science 2;*.3-230 

County I'niformity of Textbooks 237-24 2 

Day Schools for the Deaf and Blind 257-2G0 

District OflBcers 78-1 1 3 

Distribution of School Fund Income 250-253 

Duties of Town, Village and City Officers 159-100 

Electors, Powers of 63-78 

Fire and Tornado Insurance Companies 309-315 

Formation of School Districts • 42-53 

Forms for Use of Officers 310-351 

Free High Schools 185-211 

General Charter Law for Cities 260-208 

Heating and Ventilation 88-93 

Industrial, Commercial. Continuation and Evening Schools 243-248 

Judgment Against School Districts 183-184 

Libraries " 176-182 

Miscellaneous Laws ; Penalties 223-232, 291-293, 314-318 

Penalties : 223-225 

Powers of Boards of Supervisors 42-56 

Public Schools in Cities 275-280 

Reports 153-158 

Rural Schools 254-257 

Seven-tenths Mill Tax 289-201 

Schoolhouse Sites 173-176 



IV 



TABLE OF CONTENTS. 



Page 

School District Meetings. «. 56-63 

State Graded Schools 212-215 

State Normal Schools 26-34 

State Mining School • 22-25 

State Superintendent 4-9 

State University 10-21 

Stout Institute 248-2ri0 

Taxes : 161-164 

Textbooks 105-107 

Teachers' Insurance and Retirement Fund 132-140 

Township System 228-229 

Trade Schools 269-272 

Transportation of Pupils 216-218 

Union Free High Schools 205-21] 



NOTE TO THE KEADEE. 



This edition of the school code is made necessary not only in con- 
sequence of the changes made in the school laws by the legislature 
of 1911, but also by the fact that all former editions are completely 
exhausted. This edition contains the laws relating to all classes of 
schools maintained in whole or in part by taxes levied upon the real 
and personal property in the state and the income from special state 
funds. Reference is also made in certain sections to reports required 
by law from independent incorporated educational institutions. 

It will be quickly noted by you if you are at all familiar with the 
arrangement of chapters, etc., etc., in former editions that the ar- 
rangement of topics and sections in this edition are entirely differ- 
ent. The reason for this is that a revision of the Wisconsin statutes 
is now under way and the plan determined upon for the revision of 
the state code has as far as practical at this time been followed in 
this volume. The sections generally follow in numerical order and 
by use of the index any particular subject can be readily found by the 
section number as well as by the page number. Long sections have 
been broken up into paragraphs quite freely and appropriate black 
letter headings introduced. Comments or explanatory notes as found 
under certain of the more commonly referred to statutes in former 
editions have been retained in their proper relation in this edition 
and some new ones added. Suggestive forms of notices, etc., etc., for 
the convenience of officers and teachers will be found in the latter 
part of this code. Suggestions and instructions follow many of these 
forms and this part of the book, if freely consulted and followed, will 
enable officers and teachers to avoid many commonly made mistakes 
and the subsequent troubles and annoyances created thereby. 

An effort has been made to reduce the size and shipping and mail- 
ing weight of this volume by the use of a smaller type than that used 
in former editions and the plan of setting the comments and explan- 
atory notes solid. The latter are also indented in order that the 
reader may readily distinguish between what is statute and wha,t is 
comment. 



SCHOOL LAWS OF WISCONSIN 



CONSTITUTIONAL PEOVISIONS. 



(Article 10 of the State Constitution.) 

Superintendent of instruction, how chosen, powers and compen- 
sation. Section 1. The supervision of public instruction shall be 
vested in a state superintendent and such other officers as the legis- 
lature shall direct; and their qualifications, powers, duties and com- 
pensation shall be prescribed by law. The state superintendent shall 
be chosen by the qualified electors of the state at the same time and 
in the same manner as members of the supreme court, and shall hold 
his office for four years from the succeeding first Monday in July. 
The state superintendent chosen at the general election in November, 
1902, shall hold and continue in his office until the first Monday in 
July, 1905, and his successor shall be chosen at the time of the judi- 
cial election in April, 1905. The term of office, time and manner of 
electing or appointing all other officers of supervision of public in- 
struction shall be fixed by law. (Constitutional amendment, Nov, 
1902.) 

School fund, what is; interest of, how applied. Section 2. The 
proceeds of all lands that have been or hereafter may be granted by 
the United States to this state for educational purposes (except the 
lands heretofore granted for the purposes of a university), and all 
moneys, and the clear proceeds of all property that may accrue to 
the state by forfeiture or escheat, and all moneys which may be paid 
as an equivalent for exemption from military duty; and the clear 
proceeds of all fines collected, in the several counties, for any breach 
of the penal laws, and all moneys arising from any grant to the state 
where the purposes of such grant are not specified, and the five hun- 
dred thousand acres of land, to which the state is entitled by the 
provisions of an act of congress, entitled, "An act to appropriate the 



2 SCHOOL LAWS OF WISCONSIN. 

proceeds of the sales of the public lands, and to grant pre-emption 
rights," approved the fourth day of September, one thousand eight 
hundred and forty-one; and also the five per centum of the net pro- 
ceeds of the public lands to which the state shall become entitled on 
her admission into the Union (if Congress shall consent to such ap- 
propriation of the two grants last mentioned) shall be set apart as 
a separate fund, to be called the "school fund," the interest of which, 
and all other revenues derived from the school lands, shall be ex- 
clusively applied to the following objects, to-wit: 

1. To the support and maintenance of common schools, in each 
school district, and the purchase of suitable libraries and apparatus 
therefor. 

2. The residue shall be appropriated to the support and mainte- 
nance of academies and normal schools, and suitable libraries and ap- 
paratus therefor. 

District schools; tuition; sectarian instniction. Section 3. The 
legislature shall provide by law for the establishment of district 
schools, which shall be as nearly uniform as practicable; and such 
schools shall be free and without charge for tuition, to all children 
between the ages of four and twenty years; and no sectarian instruc- 
tion shall be allowed therein. 

Annual school tax. Section 4. Each town and city shall be re- 
quired to raise, by tax, annually, for the support of common schools 
therein, a sum not less than one-half the amount received by such 
town or city respectively for school purposes from the income of the 
school fund. 

Income of school fund, how distidbuted. Section 5. Provision 
shall be made by law, for the distribution of the income of the school 
fund among the several towns and cities of the state, for the support 
of common schools therein, in some just proportion to the number of 
children and youth resident therein, between the ages of four and 
twenty years, and no appropriation shall be made from the school fund 
to any city, or town, for the year in which said city or town shall 
fail to raise such tax; nor to any school district for the year in which 
a school shall not be maintained at least three months. 

Non Partisan school election. Section 31. No candidate for any 
judicial or school office shall be nominated or elected upon any party 
ticket, nor shall any designation of party or principles represented be 
used in the nomination or election of any such candidate. (1911 c. 



CONSTITUTIONAL PROVISIONS. 3 

Arbor and labor day. Section 137b. The governor, by procla- 
mation, may set apart one day each year to be designated as arbor and 
bird day, and may request its observance by all schools, colleges and 
other institutions by the planting of trees, the adornment of school and 
public grounds, and by suitable exercises having for their object the 
advancement of the study of arboriculture, the promotion of a spirit 
of protection to birds and trees, and the cultivation of an appreciative 
sentiment concerning them. He may also set apart, in said manner, 
one day in each year to be observed as labor day. 



SCHOOL LAWS OF WISCONSIN. 



THE STATE SUPEKINTENDENT. 



(Chapter 11, Wisconsin Statutes.) 

Qualifications; oath of office. Section 164. No person shall be 
eligible to the office of state superintendent of public instruction, who 
shall not, at the time of his election thereto, have taught or supervised, 
teaching in the state of Wisconsin, for a period of not less than five 
years, and who shall not, at such time, hold the highest grade of cer- 
tificate which the state superintendent is by law empowered to issue. 
He shall, within twenty days after he receives notice of his election, 
and before entering upon the duties of his ofiice, take and subscribe 
the constitutional oath of office, which shall be filed in the ofiice of the 
secretary of state. (1903 c. 31) 

Assistant superintendent. Section 16 5. The state superintend- 
ent may appoint under his hand an assistant, who shall take the con- 
stitutional oath of office, which with his appointment, shall be filed in 
the office of the secretary of state. Such assistant shall perform such 
duties as the superintendent shall prescribe, not inconsistent with law; 
and the superintendent shall be responsible for all acts of such as- 
sistant. 

High school inspector. Section 165a. He may also appoint, in 
like manner, an inspector of free high schools, who shall assist him in 
visiting, inspecting and supervising such schools and aid in giving 
information and assistance in the organization and maintenance thereof 
in towns where there are no gra(|ed schools. When he is not engaged 
in the performance of said duties said inspector may be assigned to 
such duties in the office of the state superintendent as the latter may 
designate. 

Clerks, etc. Section 165b. The state superintendent may ap- 
point a chief clerk, who shall, under his direction, have charge of the 
books and correspondence of the office, and who shall render such other 
assistance as the superintendent may direct. He may also appoint 
a library clerk, who shall, under his direction, aid in promoting the 



THE STATE SUPEllINTENDENT. 5 

establishment, maintenance and control of school libraries; an index 
and filing clerk and a person as clerk and stenographer. All such ap- 
pointments shall be made by writing filed in the office of the secretary 
of state. 

Supervisory duties generally. Section 166. He shall have gen- 
eral supervision over the common schools of the state, and it shall be 
his duty: 

School work. 1. To ascertain, so far as practicable, the condi- 
tions of the public schools of the state; to stimulate interest in educa- 
tion; to spread as widely as possible, through public addresses, bul- 
letins, and by conferences with school officers, teachers and parents, 
a knowledge of methods, which may be employed to introduce desir- 
able improvements in the organization, government and instruction 
of the schools. 

School books. 2. To prohibit the use of sectarian books and 
sectarian instruction in the public schools; to advise in the selection 
of books for school district libraries; to prepare as often as he shall 
deem necessary, a list of books suitable for school district libraries, 
and furnish copies of such list to each town, village or city clerk, or 
secretary of the board of education, and to each county or city super- 
intendent, from which lists' the above designated officers shall select 
and purchase all books for use in the school libraries of the state. 

Educational meetings. 3. To attend such educational meetings 
and make such investigations as he may deem important, and such as 
may enable him to obtain information relating to the different sys- 
tems of common schools in the United States, said information to be 
embodied in his biennial report to the state legislature. 

I'ublic sentiment. 4. To endeavor to arouse an intelligent in- 
terest among the people of the state in the general subject of indus- 
trial and commercial education, including manual training, agricul- 
ture, and domestic science, and to awaken and educate public senti- 
ment for the suitable introduction of these subjects into the public 
schools, and to make such inspection and investigation as may be nec- 
essary for the intelligent supervision of the work therein. 

Supervision. 5. To exercise general supervision over the estab- 
lishment and management of county schools of agriculture and 
domestic science, manual training schools, county training schools 
for teachers, and the day schools for the deaf; to advise with the 
principals and local authorities thereof and to formulate courses of 
study for such schools, to embody in his biennial report or in special 
bulletins or circulars such statements, suggestions, and statistics, as 



6 SCHOOL LAWS OF WISCONSIN. 

he may deem useful and for the information of the public. (1903 c. 
37) 

Fublications. 6. To revise, codify and edit the school laws from 
time to time, as circumstances may make necessary, and by lectures, 
circulars, correspondence and public addresses, give the public informa. 
tion bearing upon the different methods of school organization and 
management provided by law in this state; to prescribe rules and 
regulations for the management of township and school district libra- 
ries and the penalties which may be imposed upon district and town 
officers for any violation thereof; to prepare for the use of school offi- 
cers suitable forms for making reports and suitable outlines as aids 
in conducting annual and special meetings; to prepare and publish 
from time to time as occasion may require courses of study for un- 
graded, state graded, and free high schools, and day schools for the 
deaf, with such comments and instructions as may be deemed essen- 
tial for an intelligent understanding thereof; to compile, edit and 
distribute to the schools annually in pamphlet form matter adapted to 
and suitable for the intelligent observance of arbor and bird day, and 
memorial day; to provide the subject matter and statistics necessary 
for the printing of all reports, pamphlets, and circulars published for 
any and all of these purposes, and to furnish suitable material in the 
form of printed catalogue cards to enable teachers and pupils to make 
an intelligent use of the township school libraries, all such print- 
ing to be done by the state, printer at the expense of the state. (1903 
c. 37; Am. 1905 c. 2.',1J 

Apijeals. 7. To examine and determine all appeals, which by 
law may be made to him according to the rules regulating such mat- 
ters, and to prescribe rules of practice in respect thereto, not incon- 
sistent with law. (1903 c. 37) 

Educational woi'ks. 8. To collect in his office such school books, 
apparatus, maps and charts, as may be obtained without expense to 
the state; to purchase at an expense not exceeding two hundred and 
fifty dollars in any one year, to be paid out of the state treasury, 
works and periodicals bearing upon the different phases of education. 
(1911 c. 253) 

School fund income. 9. To apportion and distribute the school 
fund income as provided by law. 

Copies of record. 10. To make copies when required by any per- 
son so to do, of any papers deposited or filed in his office and of any 
act or decision made by him, and to certify the same provided he may 
demand therefor twelve cents per folio, which fee shall be paid into 
the state treasury. 



The state superintendent. 7 

Report. 11. To prepare in each even numbered year a report to 
be delivered by him to the governor on or before the thirty-first day 
of December, containing: 

1. An abstract of all the common school reports received by him 
from the several county and city superintendents. 

2. A statement of the condition of the common schools, the state 
graded schools, the city graded schools, the free high schools and in- 
dependent high schools, the manual training schools, the schools es- 
tablished for the purpose of giving instruction in agriculture and 
domestic science, the county training schools for teachers, the day 
schools for the deaf, the state normal schools and the state univer- 
sity, and such other schools as may hereafter be established by law. 

3. Statements of the receipts and disbursements of all school moneys. 

4. Plans for the improvement and better management and organiza- 
tion of all common and other schools. 

5. A statement of his official visits to educational institutions of any 
kind, and of the work done by the different inspectors and officers pro- 
vided for by law, and employed by him in the performance of the 
duties of the office, for the biennial period. 

6. All such other matters relating to his office and the school system 
of the state, as he shall deem expedient to publish. 

Teachers' institutes. 12. To exercise supervision over the teach- 
ers' institutes, held in the different counties of the state, and with the 
advice and consent of the institute committee of the board of regents 
of normal schools, publish from time to time a syllabus and outline 
of work suitable to be done therein. 

Annual convention. 13. To hold at least one convention annually 
at a convenient and accessible point in the state, for the pui'pose of 
consulting and advising with the county superintendents in regard to 
the supervision and management of the public schools. (See section 
461a) 

13a. To hold one convention annually for the purpose of consulting 
and advising with the city superintendents of schools upon matters 
pertaining to supervision and management of city schools. (See sec- 
tion 926-117ni) 

Other duties. 14. To perform all other duties imposed upon him 
by law. 

Office. Section 167. The state superintendent shall have an of- 
fice at the Capitol, where shall be deposited all papers and documents 
appertaining to the business of his office, and to which place communi- 
cations on the subject of common schools may be addressed to him. 



8 SCHOOL LAWS OF WISCONSIN. 

Rural school inspector. 167a. Section 1. The state superintendent 
is hereby authorized to appoint a competent and suitable person as an 
inspector of rural ■schools. It shall be the duty of said inspector to 
visit and inspect, as far as practicable, the rural schools of each county 
in the state and to procure information concerning the rural school 
districts. This inspector shall assist the state superintendent in pre- 
paring such special reports to the governor and legislature, bearing 
upon the conditions and needs of rural schools as may be advisable. 
It shall also be the duty of this inspector to confer with each county 
or district superintendent concerning the condition of the schools in 
his county or district; to consult with school officers, patrons and 
teachers in regard to school management, discipline, bi'anches of study, 
school law and school sanitation and by public lectures, conferences 
and meetings endeavor to arouse an intelligent interest in industrial 
and agricultural education, as well as in the usual routine work of 
the elementary rural school. The inspector provided for by this 
chapter shall work under the direction of the state superintendent 
and shall report to him as often as may be deemed necessary, con- 
cerning the conditions found in the schools and districts inspected and 
of the work done in the discharge of his duties. When the rural 
schools are not in session, said inspector shall be assigned to other 
duties by the state superintendent. 

Commercial schools. Section 1. The state superintendent of 
public instruction is authorized to fix and prescribe a course of study 
for commercial schools or colleges. To all schools accepting and adopt- 
ing such standard and requirement for admission and graduation there- 
from, he shall grant a certificate of such fact and shall include in his 
biennial report a list of the schools so complying. (1905 c. Wf) 

Salary; expenses; state superintendent; assistant and employes. 

Section 170. 5. a. The state superintendent, five thousand dollars. 
The state superintendent shall be reimbursed the sum actually paid 
by him for his traveling expenses in making the official visits re- 
quired by law. 

b. The assistant state superintendent, twenty-five hundred dollars. 

c. The inspector of free high schools, twenty-five hundred dol- 
lars; the chief clerk, twenty-two hundred fifty dollars; the library 
clerk, eighteen hundred dollars; three clerks and stenographer nine 
hundred dollars each; an index, filing, diploma, and certificate' clerk, 
twelve hundred dollars; the mailing clerk, one thousand dollars. 
The inspGc::cr of free high schools shall be reimbursed his actual 
and necessary expenses incurred in the performance of his duty; 
and his salary and expenses shall be paid upon the certificate of 
the state superintendent, from the appropriation made for free 
high schools. 



THE STATE SUPERINTENDENT. 9 

d. The assistant state superintendent, chief clerk, and library 
clerk shall be reimbursed the expenses actually incurred by them 
in the performance of their duties, when the accounts for such ex- 
penses are approved by the state superintendent. 

e. The inspector of rural schools shall receive as an annual salary 
twenty-tvi'o hundred and fifty dollars and shall be reimbursed for 
all actual and necessary traveling expenses when duly certified by 
the state superintendent. Such salary and expenses shall be paid 
out of the appropriation to the common school fund provided for in 
section 1072a of the statutes. 

f. The inspector of day schools for the deaf shall receive an an^ 
nual salary of eighteen hundred dollars and reimbursements for 
all actual and necessary traveling expenses incurred, when duly cer- 
tified by the state superintendent; provided that no more than five 
hundred dollars shall be allowed for expenses. The salary and ex- 
penses shall be paid in the same manner as the state officers are 
paid. (1911 c. 600) 



10 SCHOOL LAWS OF WISCONSIN. 



THE UNIVEESITY. 



(Chapter 25, Wisconsin Statutes.) 

Location and style of. Section 377. There is established in 
this state at the city of Madison an institution of learning by the name 
and style of "the university of Wisconsin." 

Board of regents. Section 378. The government of the univer- 
sity shall be vested in a board of regents, to consist of one member 
from each congressional district and two from the state at large, at 
least two of whom shall be women, to be appointed by the governor; 
the state superintendent and the president of the university shall be 
ex-officio members of 'said board; said president shall be a member of 
all the standing committees of the board, but shall have the right to 
vote only in case of a tie. 

Term of office. The terms of office of the appointed regents 
shall be six years, except as below specified, from the first Monday in 
February in the year in which they are appointed and until the ap- 
pointment and qualification of their respective successors, unless sooner 
removed by the governor; but appointments to fill vacancies before the 
expiration of the term shall be for the residue of the term only. 

Appointments classified. Two of the appointments of the five re- 
gents whose terms expire in 1911 shall be for a period of three years. 
two for a period of four years, and one for a period of five years; that 
is, to the years 1914, 1915, and 1916, respectively; one of the appoint- 
ments of the three regents whose terms expire in 1912 shall be for a 
period of four years and two for a period of five years; that is, to the 
years 1916 and 1917, respectively; two of the appointments of the five 
regents whose terms expire in 1913 shall be for a period of five years, 
and three for a period of six years; that is, to the years 1918 and 1919, 
respectively; thereafter as the various terms expire all appointments 
shall be for a period of six years. (1909 c. 523; 1911 c. 303) 

Powers of board; officers. Section 379. The board of regehts 
and their successors in office shall constitute a body corporate by the 



THE UNIVERSITY. H 

name of "the regents of the university of Wisconsin," and shall possess 
all the powers necessary or convenient to accomplish the objects and 
perform the duties prescribed by law, and shall have the custody of the 
books, records, buildings and other property of said university. The 
board shall elect a president and a secretary, who shall perform such 
duties as may be prescribed by the by-laws of the board. 

Duty of secretary; state treasurer to be treasurer of the board. 

The secretary shall keep a faithful record of all the transactions of 
the board and of the executive committee thereof. The state treasurer 
shall be the treasurer of the board and perform all the duties of such 
office subject to such regulations as the board may adopt not incon- 
sistent with his official duties; and he and his sureties shall be liable 
on his official bond as state treasurer for the faithful discharge of such 
duties. 

Meetings, quorum. Section 380. The time for the election of 
the president and secretary of said board and the duration of their 
respective terms of office, and the times for holding the regular annual 
meeting and such other meetings as may be required and the manner 
of notifying the same, shall be determined by the by-laws of the board. 
A majority of the board shall constitute a quorum for the transaction 
of business, but a less number may adjourn from time to time. 

Duties of regents; aclditional powers. Section 381. The board 
of regents shall enact laws for the government of the university in all 
its branches; elect a president and the requisite number of professors, 
instructors, officers and employees, and fix the salaries and the term 
of office of each, and determine the moral and educational qualifications 
of applicants for admission to the various courses of instruction; but 
no instruction, either sectarian in religion or partisan in politics, shall 
ever be allowed in any department of the university; and no sectarian 
or partisan tests shall ever be allowed or exercised in the appointment 
of regents or in the election of professors, teachers or other officers 
of the university, or in the admission of students thereto or for any 
purpose whatever. 

Board may remove any member of the faculty. The board of 
regents shall have power to remove the president or any professor, in- 
structor or officer of the university when, in their judgment, the inter- 
ests of the university require it. The board may prescribe rules and 
regulations for the management of the libraries, cabinet, museum, lab- 
oratories and all other property of the university and of its several 
departments, and for the care and preservation thereof, with penalties 
and forfeitures by way of damages for their violation which may be 



12 SCHOOL LAWS OF WISCONSIN. 

used for and collected in the name of the board before any court 
having jurisdiction of such action. 

Preceptress for Ladies' hall. They shall employ a competent 
preceptress for the building known as ladies' hall (which shall be used 
for and by the female students attending the university and not other- 
wise), who shall have charge and general supervision thereof under 
such regulations as the board may have made or shall adopt, at a sal- 
ary of not more than fifteen hundred dollars per year, provided that 
said preceptress shall perform such other duties and teach such classes 
as the board may from time to time require. 

Use of income; addition of other colleges. Section 382. The 
board of regents are authorized to expend such portion of the income 
of the university fund as they may deem expedient for the' erection 
of suitable buildings and the purchase of apparatus, a library, cabinets, 
and additions thereto; and if they deem it expedient may receive in 
connection with the university any college in this state upon applica- 
tion of its board of trustees; and such college so received shall be- 
come a branch of the university and be subject to the visitation of the 
regents. 

Report, and printing thereof. Section 383. At the close of each 
biennial fiscal term the regents through their president shall make a 
report in detail to the governor and the legislature exhibiting the 
progress, condition and wants of each of the colleges embraced in the 
university, the course of study in each, the number of instructors and 
students, the amount of receipts and disbursements, together with the 
nature, cost and results of all important investigations and experiments 
and such other information as they may deem important, one copy 
of which shall be transmitted free by the secretary of state to all col- 
leges endowed under the provisions of the act of congress entitled "An 
act donating land to the several States and territories which provide 
colleges for the benefit of agriculture and the mechanic arts," approved 
July 2, 1862, and also one copy to the secretary of the interior as pro- 
vided in said act. 

Results of scientific investigations to be reported. The board 

shall also report to the governor as often as may seem desirable the 
important results of investigations conducted by the director of Wash- 
burn observatory and by other investigators connected with the univer- 
sity, and also the results of such experiments therein relating to agri- 
culture or the mechanic arts as said board may deem to be of special 
value to the agricultural and mechanical interests of the state. 

Number of copies of reports that may be printed. With the ap- 
proval of the governor such number of copies as he shall direct, and of 



THE UNIVERSITY. 13 

the Washburn observatory reports not more than seven hundred copies 
may be printed by the state printer in separate form on good paper 
and with such appropriate quality of binding as the commissioners 
of public printing shall order. Eight hundred copies of each of said 
reports, when so directed by the governor, except those of the Washburn 
observatory, shall be delivered to the legislature and the remainder be 
used in exchange for the publications of other institutions and for such 
other public purposes as the regents may order. 

Accounts, how made, etc. Section 383a. No claim or account 
against the board of regents of tne university shall be paid unless it 
state the nature and particulars of the services rendered or materials 
furnished and be verified by the affidavit of the claimant or his agent 
and approved by an endorsement in writing thereon by the officer, mem- 
ber or committee of said board authorized thereby to certify claims 
and accounts for payment. 

i!]xaminatiou of accounts. Section 383m. 1. The board of re- 
gents of the state university shall cause all of the financial transac- 
tions and accounts of or relating to the state university in any of its 
departments at the close of each biennial period to be fully and thor- 
oughly examined by an audit company of recognized business standing 
and reliability and approved of by the governor and in no way con- 
nected with tne university or with any of its activities. 

Date of exaniiixation. 2. Such examination shall be commenced 
immediately after the close of said period and be completed as soon as 
practicable. 

Auditor to make report. 3. Upon the completion of such exam- 
ination a full and detailed report thereof shall be made by such audit) 
company to the governor, and a printed copy of such report shall be 
furnished to each member of the next legislature not later than thirty 
days prior to the beginning of the next regular session. 

Appropriation. 4. A sum sufficient to carry out the provisions 
of this act is hereby appropriated out of any money in the state treas- 
ury not otherwise appropriated. (1909 c. Ji97) 

The president. Section 384. The president of the university 
shall be president of the several faculties and the executive head of the 
instructional force in all its departments; as such he shall have au- 
thority, subject to the board of regents, to give general direction to the 
instruction and scientific investigations of the several colleges, and so 
long as the interests of the institution require it he shall be charged 
with the duties of one of the professorships. The immediate govern- 
ment of the several colleges shall be intrusted to their respective fac- 



14 SCHOOL LAWS OF WISCONSIN. 

ulties; but the regents shall have the power to regulate the courses of 
instruction and prescribe the books or works to be used in the several 
courses, and also to confer such degrees and grant such diplomas as are 
usual in universities or as they shall deem appropriate, and to confer 
upon the faculty by by-laws the power to suspend or expel students for 
misconduct or other cause prescribed in such by-laws. 

Jfurpose of the university and departments. Section 385. The 
object of the university of Wisconsin shall be to provide the means of 
acquiring a thorough knowledge of the various branches of learning 
connected with literary, scientific, industrial, and professional pursuits, 
and to this end it shall consist of the following colleges or departments, 
to-wit : 

1. The college of letters and science. 

2. The college, of mechanics and engineering. 

3. The college of agriculture. 

4. The law school. 

5. The medical school. 

6. Such other colleges, schools, or departments as are now or may 
from time to time be added thereto or connected therewith. 

Departments, what embraced in. Section 386. The college of 
letters and science shall embrace liberal courses of instruction in lan- 
guage, literature, philosophy and science, and may embrace such other 
branches as the regents of the university shall prescribe. 

College of mechanics. The college of mechanics and engineering 
shall embrace practical and theoretical instruction in the various 
branches of mechanical and engineering science and art, and may 
embrace such additional branches as the regents may determine. 

College of agi'iculture. The college of agriculture shall embrace 
instruction and experimentation in the science of agriculture and in 
those sciences which are tributary thereto, and may embrace such ad- 
ditional branches as the board of regents shall determine. The col- 
lege of law shall consist of courses of instruction in the principles 
and practices of law, and may include such other branches as the re- 
gents may determine. 

Open to both sexes; military instruction; diplomas may be coun- 
tersigned. Section 387. All schools and colleges of the univer- 
sity shall, in their respective departments and class exercises, be open 
without distinction to students of both sexes and all able-bodied male 
students in whatever college therein may receive instruction and dis- 
cipline in military tactics, the requisite arms for which shall be fur- 
nished by the state. Any person who has graduated from a regular 



THE UNIVERSITY. 15 

collegiate course at the university, and after such graduation shall 
furnish evidence to the state superintendent of good moral character 
and of successful teaching for one school year in a public school of this 
state, may have his diploma countersigned by said superintendent, 
which shall then have the force and effect of an unlimited state cer- 
tificate, subject to the exercise of the power vested in the state super- 
intendent to revoke the right given by his signature to such diploma. 
(1909 C.6G) 

Dipiomas are no longer countersigned. See Chap. 579, laws of 
1907, page 82 of this code. 

Tuition fees at the state university. Section 388. No student 
who shall have been a resident of the state for one year next pre- 
ceding his admission at the beginning of any academic year, shall 
be required to pay any fees for tuition in the university, except for 
extra studies; the regents may prescribe rates of tuition for any 
pupil who shall not have been a resident as aforesaid and for teach- 
ing extra studies. Attendance at the university shall not of itself 
be sufficient to effect a residence. (1907 c. 105) 

This chapter does away with the payment of fees by those who 
take the courses prescribed for the college of law in the state uni- 
versity. 

Funds for support of; gifts, bequests, etc. Section 389. For 
the support and endowment of the university there is annually and 
permanently appropriated: 

1. The university fund income and all other sums of money ap- 
propriated by law to such fund. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public or pri- 
vate bounty. 

Regents to control funds and care for all donations, etc. The en- 
tire income of all said funds shall be placed at the disposal of the 
board of regents by transfer to the treasurer of said board, thence- 
forth to be independent and distinct of the accounts of the state 
and for the support of the aforesaid colleges or departments of arts, 
of letters and such other colleges and departments as shall be es- 
tablished in or connected with the university; but all means de- 
rived from other public or private bounty shall be exclusively de- 
voted to the specific objects for which they shall have been designed 
by the grantor; and all gifts, grants, bequests and devises for the 
benefit or advantage of the university or any of its departments, 
colleges, schools, halls, observatories or institutions or to provide 
any means of instruction, illustration or knowledge in connection there- 
with, whether made to trustees or otherwise, shall be legal and valid 
and shall be elcecuted and enforced according to the provisions of the 



16 SCHOOL LAWS OF WISCONSIN. 

instrument making the same, including all provisions and directions 
in any such instrument for accumulation of the income of any fund 
or rents and profits of any real estate without being subject to the 
limitations and restrictions provided by law^ in other cases; but no 
such accumulation shall be allowed to produce a fund more than 
twenty times as great as that originally given. 

Gifts, grants, etc.; to whom made. All such gifts, grants, de- 
vises or bequests may be made to the regents of the university or to 
the president or any officer thereof, or to any person or persons as 
trustees, or may be charged upon any executor, trustee, heir, devisee 
. or legatee, or made in any other manner indicating an intention to 
create a trust, and may be made as well for the benefit of the uni- 
versity or any of its chairs, faculty, departments, colleges, schools, 
halls, observatories or institutions or to provide any means of in- 
struction, illustration or knowledge in connection therewith, or for 
the benefit of any class of students at the university or in any of 
its departments, whether by way of scholarship, fellowship or other- 
wise, or whether for the benefit of students in any course, sub-course, 
special course, post-graduate course, summer school or teachers' 
course, oratorical or debating course, laboratory, shop, lectureship, 
drill, gymnasium or any other like division or department of study, 
experiment, research, observation, travel or mental or physical im- 
provement in any manner connected with the university, or to pro- 
vide for the voluntary retirement of any of its faculty. 

JParticularity of bequest not necessary. And it shall not be nec- 
essary in case of any such gift, grant, devise or bequest to exactly 
.or particularly describe the members of the class, group or nation- 
ality of students intended to be the beneficiaries, but it shall be suf- 
ficient to describe the class or group; and in case of any such gift, 
grant, devise or bequest the regents shall divide and graduate the 
students at the university into such classes or divisions as may be 
necessary to select and determine those belonging to the class in- 
tended by such gift, grant, devise or bequest, and shall determine 
what particular persons are within or intended by the same. 

Sufficiency of bequest. It shall be sufficient in any such gift, 
grant, devise or bequest to describe the beneficiaries as belonging to 
a certain course, sub-course, department or division of the univer- 
sity, or as those pursuing certain studies, speaking or writing a cf^r- 
tain language or languages, belonging to any nationality or nation- 
alities, or to one of the sexes or by any other description, and in 
such case the regents shall determine the persons so described as 
hereinbefore provided. 



THE tNlVERSITY. 17 

Tax for, and appropriation of part; loans; amount of annual 
tax levy, $1,000,000. Section 390. 1. There shall be levied and 
collected annually a state tax of three-eighths of one mill for each 
dollar of the assessed valuation of the taxable general property of 
the state as ascertained and fixed by the state board of assessment 
for apportionment of the state tax to the several counties, which 
amount when so levied and collected, is appropriated to the univer- 
sity fund income to be used for current and administration expendi- 
tures and for the increase and improvement of the facilities of the 
university; provided that upon any apportionment of the funds in 
the treasury, under section 1069a of the statutes, such fund shall 
be applied to the tax hereinbefore levied. 

Commissioners of public lands may transfer trust funds to the 
use of the university in certain cases. The commissioners of pub- 
lic lands may direct the state treasurer from time to time, to set 
apart such sums by way of loan to the fund known as the univer* 
sity fund income for the university uses from uninvested moneys in 
the trust fund for the period when so uninvested, as in their judg- 
ment shall be prudent, such loans to be repaid to the trust fund from 
the tax hereinbefore aijpropriated with interest at the rate then re- 
quired to school districts. 

Kegents may provide for a model school. 2. The regents of the 
university are authorized to construct and maintain a school for 
demonstration and practice, in order to complete the organization 
of a school of education. 

Moneys may be transferred from the general fund to the uni- 
versity fund for temporary purposes only. Section 1. The secre- 
tary of state, if in his judgment the conditions of the general fund 
will warrant it, with the approval of the governor, is authorized to 
transfer, after the beginning of each fiscal year until 1913, and be- 
fore the collection of the tax provided for the support of the uni- 
versity for such fiscal year, from the general fund to the university 
fund income, such sum or sums from the general fund to the cur- 
rent expenses of the university, provided that such sum or sums 
shall not exceed one hundred and fifty thousand dollars for any 
fiscal year; but immediately upon the collection of such tax for any 
fiscal year for the support of the university, the secretary of state 
shall transfer the amount so loaned from the university fund income 
to the general fund by a proper transfer. 

Building appropriation and purchase of books, $300,000 annu- 
ally. Section 390a. There is annually appropriated for the pe- 
riod of seven years from July 1st, 1905, the sum of two hundred 
2 — S. L. 



18 SCHOOL LAWS OF WISCONSIN. 

thousand dollars, and for each of the fiscal years beginning July 1st, 
1912, and July 1st, 1913, the sum of three hundred thousand dol- 
lars to the university fund income from the general fund of the 
state out of any moneys not otherwise appropriated to be used for 
the construction and equipment, in the order of the greatest need 
therefor, of such additional buildings and the enlargement and re- 
pairs of buildings, as in the judgment of the regents shall be ab- 
solutely required, and as shall be approved by the governor, and 
can be completed within the appropriation herein made; provided 
that the sum of fifty thousand dollars shall be used in each of the 
fiscal years beginning July 1, 1912, and July 1, 1913, for the pur- 
chase of books, apparatus, furniture, and equipment, and provided 
that no plan or plans for any building shall be finally adopted, and 
no contract or contracts shall be entered into by the regents for 
the construction of any building, until such plans and contracts, 
with complete estimates of the total cost thereof, shall have been 
submitted to, and in writing approved by the governor of the state, 
who shall withhold such approval until he shall satisfy himself by a 
personal examination or by such other means as he may in his dis- 
cretion adopt, that such building is required for the purposes pro- 
posed, and it can and will be erected and fully completed according 
to such plans or contracts for the sum proposed for the same by the 
regents out of the appropriation herein made. (1911 c. 631) 

Womens dormitory, §150,000. Section 3 9 In. 1. There is an- 
nually appropriated for the period of two years beginning with the 
fiscal year ending June 30, 1912, the sum of seventy-five thousand 
dollars to the university fund income, from the general fund of the 
state out of any moneys not otherwise appropriated, to be used for 
the construction and equipment of a women's dormitory to be erected 
on the grounds of the university lying west of Park street in the 
city of Madison. 

Building plans to be approved by the governor. 2. No plan or 
plans for any building shall be finally adopted, and no contract or 
contracts shall be entered into by the regents for the construction 
of any building, until such plans and contracts, with complete es- 
timates of the total cost thereof, shall have been submitted to and in 
writing approved. by the governor of the state, who shall withhold 
such approval until he shall satisfy himself by a personal examina- 
tion or by such other means as he may in his discretion adopt, that 
such building is required for the purposes proposed, and it can and 
will be erected and fully completed according to such plans or con- 
tracts for the sum proposed for the same by the regents out of the 
appropriation herein made. (1911 c. 631) 



THE UNIVERSITY. 19 

Educational extension and correspondence teaching. Section 
1494J. The board of regents of the university are directed to carry 
on educational extension and correspondence teaching. 

Total appropriation for four years, $350,000. 2. There is appro- 
priated for the fiscal year ending June 30, 1910, the sum of fifty 
thousand dollars, for the fiscal year ending June 30, 1911, the 
sum of seventy-five thousand dollars, for the fiscal year ending June 
30, 1912, the sum of one hundred thousand dollars, and for the fis- 
cal year ending June 30, 1913, the sum of one hundred and twenty- 
five thousand dollars, for carrying out the purposes of this section. 
(1911 C.631J 

Agricultural education. Section 149 4— 12m. (1.) The regents 
of the university are directed to carry on, under the supervision of 
the dean of the college of agriculture, demonstrations and such other 
experiments and investigations as they may deem advisable for the 
improvement of agricultural knowledge, and to conduct traveling, 
schools of agriculture which may be held in conjunction with the 
county agricultural training schools, and to provide for the compen- 
sation and traveling expenses of instructors in agriculture, whose 
functions shall be to assist in the improvement of agricultural edu- 
cation and the dissemination of agricultural knowledge. 

Total appropriation, four years, $140,000. (2.) There is an- 
nually appropriated for the fiscal years ending June 30, 1910, and 
ending June 30, 1911, out of any moneys in the state treasury not 
otherwise appropriated, the sum of thirty thousand dollars, and for 
the fiscal years ending June 30, 1912, and ending June 30, 1913, 
the sum of forty thousand dollars, for the purposes of carrying out 
the provisions of this section. (1911 c. 631) 

Appropriation for purchase of land, $235,000, to he paid in five 
years. Section 7. There is annually appropriated for the period 
of five years commencing with the fiscal year beginning July 1st, 
1911, the sum of forty-seven thousand dollars to the university 
fund income from the general fund of the state out of any moneys 
not otherwise appropriated to be used for the purchase or acquisi- 
tion by condemnation of two parcels of land; the first now belonging 
to J. M. Olin, of Madison, Wisconsin, and described as follows: The 
southeast quarter of the northwest quarter of section sixteen, ex- 
cept the portion heretofore sold to the board of regents of the uni- 
versity, lying southeast of the public road crossing the corner of 
said land, and the east ten rods of the southwest quarter of the 
northwest quarter of said section sixteen, all in township seven, 
north of range nine past, Dane county, Wisconsin, containing be- 



20 SCHOOL LAWS OP WISCONSIN. 

tween thirty-eight and forty acres; and the second now belonging to 
George Raymer of Madison, Wisconsin, and described as follows; 
The southwest quarter of the northwest quarter of section sixteen, 
town seven north, range nine east, excepting a strip ten rods wide 
off the east side thereof; also the north fractional one-half of the 
northwest quarter of said section, town, and range, aforesaid; also 
the following: Commencing at the northeast corner of the north- 
west quarter of said section sixteen, thence due north to shore of 
Lake Mendota, thence in a southwesterly direction along lake shore 
to a point intersecting north boundary line of said section sixteen, 
thence due east to place of beginning, excepting a strip sixty-six feet 
wide extending from north boundary line of drive of Madison Park 
and Pleasure Drive Association to south shore of Lake Mendota; 
the said strip lying along the east line of the southwest quarter of 
section nine, town seven, range nine, and on the west side thereof; 
also a strip of land forty rods wide off east side of northeast fractional 
quarter of section seventeen, town seven, range nine east. (1911 c. 
631) 

The observatory. Section 391. The sum of three thousand dol- 
lars shall be set apart annually from the receipts of the tax first 
mentioned in the preceding section for the maintenance of the as- 
tronomical observatory on the university grounds, to be expended by 
the regents in astronomical work and instruction. And a like sum 
is annually appropriated out of the general fund to the board of 
regents for the purpose of enabling said board to employ and main- 
tain a director of the Washburn observatory. • 

Kegents' expenses. Section 392. The regents shall each receive 
the actual amount of his expenses m traveling to and from and in at- 
tendance upon all meetings of the board or incurred in the per- 
formance of any duty in pursuance of any direction of the board; ac- 
counts for such expenses, duly authenticated shall be audited by the 
board and be paid on their order by the treasurer out of the uni- 
versity fund income. No regent shall receive any pay, mileage or 
per diem except as above prescribed. 

Summer schooL Section 392a. The board of regents may main- 
tain the summer school of science, literature, language and peda- 
gogy heretofore established in connection with the university; pro- 
vided, that all teachers employed therein shall be designated by the 
state superintendent and the president of the university. 

Agricultural stations established. Section 392em — 8. For the 
purpose of aiding in the agricultural development of the respective 
counties of the state, the agricultural college of the university of 



THE UNIVERSITY. 21 

Wisconsin is authorized to establish three demonstration stations, 
on which trials and demonstrations shall be conducted to show the 
methods of agricultural practice best adapted to the development of 
these respective localities. These stations are to be established un- 
der the following conditions; provided, however, that not more than 
one such station shall be located in any county: 

JLocation, how determined. (1) The location of the station shall 
be determined by the board of regents of the University of Wiscon- 
sin, who, in making such selection, shall take into consideration the 
relative opportunities for agricultural development in the respective 
regions. 

County where located must lease land. (2) The location of 
such stations shall be contingent upon the county leasing to the re- 
gents of the University, a suitable tract of cleared land, free of cost, 
for such period as may be mutually agreed upon, and appropriating 
for the partial maintenance of such demonstation station a sum not 
less than five hundred dollars, which sum shall be paid annually 
for period of lease to the secretary of the board of regents of the 
University, to be disbursed by them in accordance wath the usual 
regulations governing expenditures of the university. 

Appropriation, $1,000 annually. Section 392em — 9. For the 
purpose of maintaining such demonstration farms, there is appro- 
priated to the regents of the University, from the general fund of 
the state, the sum of one thousand dollars annually, for the period 
of five years for the m.aintenance of each such demonstration sta- 
tion so established. (IDll c. C>?J,) 



22 , SCHOOL LAWS OF WISCONSIN. 



STATE MINING SCHOOL. 



(Chapter 25, Wisonsin Statutes.) 

JKstablishment of. Section 392m. A school shall be established 
in the city of Platteville, to be called the Wisconsin mining trade 
school, for the purpose and under the regulations contained in this 
act. (1901 c. 513) 

Mining school board. Section 392n. The said school shall be 
under the control and management of a board of three members to 
be known as the Wisconsin mining school board, one of whom shall 
be the superintendent of public instruction, and two shall reside in 
the southwestern part of the state in what is known as the lead dis- 
trict, who shall be appointed by the governor of the state, one for a 
term of two and one for a term of four years, beginning with the 
first day of July, 1907, and thereafter for terms of four years, 
who shall serve vs^ithout compensation. Vacancies on the board 
shall be filled for the unexpired term. (1901 c. 573) 

Board meetings; qnoi'mm; officers. Section 392o. The board 
shall hold its first meeting in the city of Platteville on the 15th day 
of July, 1907. Meetings may be called subsequently by two of said 
members in such manner as they may direct, and all meetings may 
be adjourned at the pleasure of the board. A majority of the board 
shall constitute a quorum for business. The superintendent of pub- 
lic instruction shall be president of such board. At the first meet- 
ing of said board or as soon as may be, said board shall appoint 
some suitable person secretary to hold his office during the pleasure 
of the board and shall fix times for regular meetings of the board. 
The state treasurer shall be the treasurer of the board. No money 
shall be paid out, nor any contract made, or any act done, involving 
the payment of money or the disposal of property, except in pursu- 
ance of a vote of the board. (1907 c. 5.73J 

Faculty; bviildiiigs; equipment. Section 392p. As soon as the 

means in its hands will permit without incurring indebtedness, said 



STATE MINING SCHOOL. 23 

board shall proceed to obtain a suitable location, and lease, pur- 
chase or erect such buildings, and procure such furniture, appara- 
tus, library and implements as may be necessary for the successful 
operation of said school and appoint a principal and such other teach- 
ers and assistants as the board may deem expedient, with salaries to 
be paid from time to time as it may agree and to regulate their 
duties, but no agreement shall be valid whereby such board shall be 
prevented from discharging any one in its employ upon two months' 
previous notice. (1907 c. 513) 

Course of study; liow approved; fees and tuition. Section 392q. 
The course of instruction shall be two years in length and shall em- 
brace geology, mineralogy, chemistry, assaying, mining and mining 
surveying and such other branches of practical and theoretical 
knowledge as will, in the opinion of the board, conduce to the end 
of enabling students of said school to obtain a knowledge of the 
science, art and practice of mining and the application of machinery 
thereto. The dean of the college of engineering of the University of 
Wisconsin shall be consulted concerning the course of study, and the 
same and all modifications thereof shall be approved by him. No 
student who shall have been a resident of the state for one year 
next preceding his admission shall be required to pay his fees or 
other charges for tuition or other purposes in said school, except 
for the cost price of materials actually consumed by such student 
in pursuit of any studies. The board may prescribe rates for tui- 
tion for any student who shall not have been a resident as afore- 
said, which shall not be less than fifty nor more than two hundred 
dollars per year. (1907 c. 573) 

Government. Section 392r. The course of study, the terms and 
the hours of instruction shall be regulated by the board, who shall 
also have the power to make all such rules and regulations concern- 
ing the admission, control and discipline of students and other mat- 
ters, as may be deemed necessary for the good government of the 
institution, and convenience and transaction of its business, and also 
to grant diplomas upon the completion of the prescribed course. 
(1907 c. 573) 

Debts; mining; powers and restrictions. Section 392s. No debt 
shall be contracted beyond or apart from the actual means at the 
disposal of the institution. The board may dispose of or lease any 
property donated to the state for the purposes of said school. The 
board shall not enter upon the business of mining, or pursue the 
same, except so far as it may be deemed necessary in the course of 
instruction, nor shall they purchase any lands beyond what are re- 
quired for the reasonable accommodation of the school. The board 



24 SCHOOL LAWS OF WISCONSIN. 

shall not sell, mortgage or otherwise dispose of any real estate pur- 
chased by them or donated by the state without the express author- 
ity of the legislature. 

Annual reports; collections of minerals. Section 392t. It shall 
be the duty of the board to provide for obtaining a complete col- 
lection of the minerals of the lead region of Wisconsin and classify 
the same. The board shall on or before the first day of December 
in each year preceding the regular session of the legislature, make 
a report of its proceedings to the governor, and shall transmit there- 
with a general report showing their receipts and expenditures dur- 
ing the period for which the report is made, as well as the general 
affairs of said school. 

Section 2. There is hereby appropriated out of any money in tlie 
state treasury not otherwise appropriated, the sum of thirty thous- 
and dollars to be used by said board for the purposes of this act. 
(1901 c. 573) 

Mining trade school; appropriation for. Section 392u. 1. There 
is appropriated out of any money in the general fund not other- 
wise appropriated, the sum of twenty-one thousand five' hundred 
dollars to be used by the Wisconsin Mining Trade School Board in 
meeting the current expenses of maintaining the Wisconsin Min- 
ing Trade school for the biennial period beginning on the first 
day of July, 1911, and ending on the thirtieth day of June, 1913, 
one-half thereof to be used in each year of such biennial period. 

2. There is also appropriated out of any moneys in the general 
fund not otherwise appropriated, the sum of six thousand five hun- 
dred dollars to be used by the said board during the said biennial 
period for repairs, furniture, and supplies in and for such school. 

3. The money thus appropriated shall be paid out of the state 
treasury upon vouchers approved and certified by the board and 
audited as provided by law. (1911 c. 631) 

County aid. Section 392w. The county board of any county is 
hereby authorized to appropriate money for the equipment and 
maintenance of the Wisconsin Mining Trade School. The county 
boards of two or more counties may appropriate money for the 
equipment and maintenance of said school. When two or more 
counties unite in equipping and maintaining said school, the 
Wisconsin Mining Trade School board shall apportion the amount 
to be raised by taxation among the counties in proportion to the as- 
sessed valuation of each county as last fixed by the state board of 
assessment, and shall report to the county clerk of each county the 
apportionment so made, on or before the first Monday of November 



STATE MINING SCHOOL. 25 

in each year. The amount so appoi'tioned to each county shall be 
levied in the county tax for the ensuing year for the support of 
such school. Any such appropriation- may be made by any such 
county at any regular annual meeting of the county board after the 
passage and publication of this act, which appropriation shall be 
available on and after the JiOth day of Juno, 1911, and annually 
thereafter as provided in this section and section 392x. (1909 c. 

Cei'titied repoit to be filed. Section 392x. On or before the 30th 
day of June in 1912, and annually thereafter, the Wisconsin Mining 
Trade School board shall file with the secretary of state a certifi- 
cate showing the cost of maintaining said school, the courses of in- 
struction taught, the character of the work done, the na^mes of the 
teachers employed, and such other matters as will show that all the 
provisions of chapter 573, laws of 190 7, have been complied with. 
(1911 c. 631) 

Aid from city; reimbui'senient; payment, etc. Section 392y. 
Any city wherein a mining trade school is located may appropriate 
annually for equipping and maintaining said school or may appro- 
priate annually for the purpose of reimbursing any county or coun- 
ties which have appropriated money for the equipment and main- 
tenance of such school a sum not exceeding three thousand dollars 
in any one year. In case no county board shall appropriate any 
money as provided in section 392w, then any city within which ia 
located a mining trade school may appropriate annually not to ex- 
ceed three thousand dollars for the equipment and maintenance of 
said school. In such case the Wisconsin Mining Trade School board 
shall on or before the 30th day of September, 1911, and on the 
30th day of each month thereafter, file with the secretary of state a 
certificate showing the cost of maintaining said school, the courses 
of instruction taught, the character of the work done, the names of 
the teachers employed, the equipment purchased, and such other 
matters as will show that all the provisions of chapter 573, laws of 
1907, have been complied with. Upon receipt of such certificate, 
the secretary of state shall draw his warrant, payable to the treas- 
urer of such city maintaining such school, for a sum equal to two- 
thirds of the amount actually expended for maintaining and equip- 
ping such school during the month, provided that the amount so 
appropriated by' the state shall not exceed six thousand dollars in 
the aggregate for any one year. (1009 c. 362) 

Appropriation. Section 392z. There is hereby appropriated out 
of any moneys in the state treasury not otherwise appropriated, a 
sum sufficient to carry out the provisions of this act. (1909 c. 362) 



School laws of Wisconsin. 



STATE NOKMAL SCHOOLS. 



(Chapter 26 of Wisconsin Statutes of 1898.) 

Regents; their terms and vacancies. Section 393. For the gov- 
ernment of the normal schools established, and which may here- 
after be established, and for the performance of the duties pre- 
scribed to them, there is constituted a board of eleven regents, 
called "The Board of Regents of Normal Schools," composed of the 
state superintendent, as ex-officio regent, and of ten appointed re- 
gents, at least one of whom shall be a woman; the term of office of 
the appointed regents commencing with the first Monday of Febru- 
ary in the year in which appointed, shall be five years and until the 
appointment and qualification of their respective successors; except 
that the regents first appointed under this act shall be divided Into 
five classes of two each, and the term of office of said classes so 
first appointed shall be respectively one, two, three, four and five 
years and until their successors shall be appointed and qualified, 
and their successors in office shall continue so divided into five 
classes of two each, so that the term of office of two regents shall 
expire each year. The governor shall fill all vacancies by appoint- 
ment, and in case of a vacancy before the expiration of a term, the 
appointment shall be for the residue of the term only. ('X905 c. 
IGS) . ( 

Powers of regents. Section 394. The board of regents and their 
successors in office are constituted a body corporate by the name 
aforesaid; and may purchase, have, hold, control, possess and en- 
joy, in trust for the state, for educational purposes solely, any lands, 
tenements, hereditaments, goods and chattels of any nature which 
may be necessary and required for the purposes, objects and uses 
of the state normal schools authorized by law and none other, with 
full power to sell or dispose of such personal property or any part 
thereof when in their judgment it shall be for the interest of the 
state; and shall possess all other powers necessary or convenient 
to accomplish the objects and perform the duties prescribed by law. 



STATE NORMAL SCHOOLS. ^t 

The board of i^egents shall not sell, mortgage or dispose of in any 
way any real estate, nor borrow money without the express author- 
ity of the legislature; nor shall they contract indebtedness nor in- 
cur liabilities to exceed, at any time, in the aggregate, the amount 
of money which, under the provisions of law, shall then be at th ir 
disposal in the hands of the state treasurer; nor shall said board 
ever reduce the amount so at their disposal below the aggregate 
amount of their indebtedness or liability except in payment of such 
indebtedness or liability. 

Proceeds of sales; to what applied. The proceeds of the sale 
of any real or personal estate shall be paid by them into the treas- 
ury, and shall become a part of the income of the normal school 
fund. The entire income of the normal school fund shall be placed 
at the disposal of the board of regents of the normal schools by 
transfer to the treasurer of said board, and shall be distinct and in- 
dependent from the accounts of the state, and be applied for the 
support of normal schools as provided by law. 

Officers of board. Section 39 5. The officers of the board shall 
be a president, vice-president and secretary; they shall severally 
hold their offices for the term of one year, and until their succes- 
sors are elected, and shall perform the duties incident to their sev- 
eral offices, and such as are prescribed by the board. The state 
treasurer shall be, ex-officio, the treasurer of the board, but the 
board may appoint suitable persons to receive any tuition fees or 
other moneys that may be due from any student or other person, 
and pay the same to the treasurer. (tf)05 c. 168) 

Meetings; quorum. Section 396. The said board shall hold an 
annual meeting at the capitol on the second Wednesday in July in 
each year or at such time as they may designate. Special meetings 
may be called by the governor or by the president of the board on 
a petition signed for that purpose by any three regents. A majority 
of the regents shall constitute a quorum for the transaction of busi^ 
ne!5s; but a less number may adjourn from time to time. 

Kemoval of regents; disqualification of officers, etc. Section 397. 
Any regent may be removed from office for cause upon reasonable 
notice by a vote of two-thirds of all the regents. No regent or offi- 
cer, trustee or person appointed or employed in any position or ca- 
pacity connected with normal schools or normal institutes shall at 
anytime act as agent of any author or publisher of or dealer in 
school books, maps or charts, or school library books, or 
school furniture or apparatus, or become interested directly or in- 
directly in the publication, manufacture or sale of any such as agent 



28 SCHOOL LAWS OF WISCONSIN. 

or otherwise,- except solely as author or inventor, and for a viola- 
tion thereof any regent shall be expelled from the board by a ma- 
jority vote of the regents; provided, that the purchase and use of 
books and appliances vi^ritten or invented by persons connected with 
any of the schools shall not be deemed to be prohibited. 

Compensation of regents. Section 39 8. No member of the 
board of normal regents shall receive any pay for traveling to or 
for attendance at any meeting of the board, but for any specific 
service, rendered under the direction of the board, other than at- 
tending the meetings thereof, such compensation may be allowed 
any member, as the board shall deem just and reasonable; and such 
compensation and all moneys actually and necessarily expended by 
any member in traveling, attending meetings, or performing any 
other duty or service, directed to be performed, shall be paid out 
of the normal school fund income in the state treasury, on accounts 
presented to and adjusted by the board, and certified to the secre- 
tary of state by the secretary and president thereof. (i905 c. 168) 

Other normal schools; alteration, etc., of bnildings. Section 
399. In addition to those heretofore established, the said board of 
regentb may establish other state normal schools at such places as 
they may designate, upon sites selected by them; and when, in their 
opinion, the educational interests of the state require it, they may 
proceed to erect suitable buildings upon the sites so selected, and 
they may enlarge, alter or repair any normal school buildings. 

Site may be donated. Whenever any such site shall be donated, 
then as soon as the title thereto shall be vested in them in fee in 
trust as aforesaid, and when money is donated, then as soon as 
such money is paid into the state treasury subject to be paid out 
only on the warrant of the secretary of state, as provided in the 
next section, or secured to be paid by the deposit with the state 
treasurer of United States or Wisconsin state bonds in amount 
equal in value to the sums of money so donated, said board may pro- 
cure suitable plans and specifications for such buildings, alterations 
or repairs thereof, and employ persons to superintend the construc- 
tion of the same; and they may advertise for proposals to erect, re- 
pair or enlarge any normal school building, reserving the right to 
reject any and all proposals made in pursuance of such advertise- 
ments; and the expense of such advertising and procuring plans and 
specifications shall be paid from the normal school fund income. 

Donations, collection and application of. Section 400. The 
said board shall demand and receive the sums of money donated and 
subscribed by any persons to aid in the erection of the necessary 



STATE NORMAL SCHOOLS. 29 

buildings for normal schools in such manner as said board may 
prescribe, and apply the same in the erection and completion of 
said buildings, the purchase of the necessary books, apparatus, 
furniture and fixtures, and for various other incidental expenses to 
be incurred by said board in pursuance of the provisions of these 
statutes, and if any surplus shall remain, apply the same to the 
expenses of conducting said normal schools; and any deficit which 
may arise in the erection and completion of said buildings and pur- 
chase aforesaid shall be paid out of the normal school fund income. 

Accounts, how made, etc. Section 401. All payments for the 
erection, repairs or enlargement of any normal school building, or 
for fixtures or furniture therefor, and all disbursements from the 
normal school fund income, including the expenses of board of 
visitors of normal schools and of teachers' institutes shall be made 
by the treasurer of said board on the warrant of the secretary of 
state drawn in accordance with the certificate of the president and 
secretary of the board, after being audited and allowed pursuant 
to its rules and regulations, and not otherwise; and in case of a 
donation no such warrant shall be issued for any part thereof until 
the sums donated and subscribed shall have been paid into the state 
treasury, nor in any case until the work shall be done, the services 
rendered, buildings erected or fixtures or furniture purchased under 
the direction of said board, and pursuant to a contract made with 
it. All claims and accounts, before being certified to the secretary 
of state by the aforesaid officers of such board, shall be verified and 
approved in the same manner as claims against the state university 
are required to be verified and approved. (1905 c. 168) 

Evainination of accounts. Section 401a. 1. The board of re- 
gents of the state normal schools shall cause all of the financial 
transactions and accounts of or relating to the several state normal 
schools under their supervision at the close of each biennial period 
fo be fully and thoroughly examined by an audit company of recog- 
nized business standing and reliability, and approved of by the gov- 
ernor and in no way connected with any such schools or with any of 
their activities. 

Examination; when commenced. 2. Such examination shall 
be commenced immediately after the close of said period and be 
completed as soon as practicable. 

Iteport made by audit company. 3. Upon the completion of such 
examination a full and detailed report thereof shall be made by such 
audit company to the governor, and a printed copy of such report 
shall be furnished .to each member of the next legislature not later 
than thirty days prior to the beginning of the next regular session. 



30 SCHOOL LAWS OF WISCONSIN. 

Appropriation. 4. A sum sufiicient to carry out the provisions 
of this act is hereby appropriated out of any money in the state 
treasury not otherwise appropriated. fl909 c. Jf95) 

Objects of schools. Section 402. The exclusive purposes and 
objects of each normal school shall be the instruction and training 
of persons, both male and female, in the theory and art of teaching, 
and in all the various branches that pertain to a good common school 
education, and in all subjects needful to qualify for teaching in the 
public schools; also to give instruction in the fundamental laws of 
the United States and of this state in what regards the rights and 
duties of citizens. 

Model schools. Section 403. Said board shall also establish a 
model school or schools for practice in connection with each state 
normal school, and shall make all the regulations necessary to govern 
and support the same; and they may in their discretion admit pupils 
to such model schools free of charge of tuition. 

Powers of board of regents as to schools. Section 404. The said 
board shall have the government and control of all the normal 
schools, and shall have power therefor: 

1. To make rules, regulations and bjMaws for the good govern- 
ment and management of the same and each department thereof. 

2. To appoint a principal and assistants and such other teachers 
and officers and to employ such persons as may be required for each 
of said schools; to fix the salary of each person so appointed or 
employed and to prescribe their several duties. 

Kemoval of teachers or officers. 3. To remove at pleasure any 
principal, assistant or other officer or person from any office or em- 
ployment in connection with any such school. 

To purchase equipment. 4. To purchase any needful and proper 
apparatus, books or articles to assist in instruction, and to provide 
for all necessary fuel and supplies for the conduct of such schools. 

Courses of study; books; county teachers. 5. To prescribe the 
courses of study and the various books to be used in such schools. 
But when any state normal school shall offer a course for the express 
purpose of training teachers for country schools, the completion of 
which shall entitle one to the certificate mentioned in section 405, 
as amended by this act, the course of study shall be the full and fair 
equivalent of the course of study prescribed for the county training 
schools by the state superintendent. 

JVotice of opening school to be given. 6. To cause notice to be 
given of the opening of such schools and the several terms thereof. 



STATE NORMAL SCHOOLS. 31 

Kules for admission of stiulents. 7. To prescribe rules and reg- 
ulations for the admission of students; but every applicant for ad- 
mission shall undergo an examination to be prescribed by the board, 
and shall be rejected if it shall appear that he is not of good moral 
character or if applying as a free pupil will not make an apt or good 
teacher. 

To require applicant to make declaration. 8. To require any ap- 
plicant for admission, other than such as shall, prior to admission, 
sign and file with said board a declaration of intention to follow the 
business of teaching common schools in this state, to pay or to securo 
to be paid such fees for tuition as the board may deem proper and 
reasonable. 

To iM'Ovide for public lectures. 9. To , cause lectures on any art, 
science or branch of literature to be delivered in any such schools 
on such terms and conditions as they may prescribe. 

To delegate power of govcniment to the faculty. 10. To confer 
by by-laws upon the principals of the several normal schools the 
power to suspend or expel pupils for misconduct or other cause pre- 
scribed in such by-laws. (1009 c. 20.'i) 

Diplomas and certificates. Section 4 Of). Said board may grant 
diplomas in testimony of scholarship and ability to teach, but no 
such diploma shall be granted until such graduate shall have passed 
a thorough and satisfactory examination in the course of study 
prescribed by the board. When any such graduate has, after receiv- 
ing such diploma, taught a public school in this state one year, 
the state superintendent may, after such examination as to moral 
character, learning and ability to teach as to him may seem proper, 
issue to such teacher an unlimited state certificate, and thereafter 
such unlimited certificate shall be evidence of his qualification to 
teach in any common school. 

Certificate; elenientai*y course. The said board may also, on 
such conditions as they may determine, grant a certificate of attend- 
ance certifying that the holder has completed the elementary course 
in a normal school and is qualified to teach a common school; and 
the said superintendent may, upon conditions above prescribed re- 
specting diplomas, issue a limited state certificate, and thereafter 
such certificate shall be evidence of his qualification to teach in any 
common school of the state. 

Certificate to teach in country schools. The said board of re- 
gents may also on such conditions as they may determine, grant a 
certificate, certifying that the holder lias completed the course for 



32 SCHOOL LAWS OP WISCONSIN. 

teachers of country schools in a normal school and is qualified to 
teach in a country school. Such certificate shall have the same 
force and effect in all respects as the certificate of a county training 
school, as defined in section 2, chapter 509, laws of 1905, and any 
acts amendatory of the same. (1909 c. 204) 

-Board of visitors. Section 406. After any state normal school 
shall have commenced its first term, and at least once in each year 
thereafter, it shall be visited by three suitable persons, not members 
of the board, but to be appointed by the state superintendent, who 
shall examine thoroughly into the condition, organization and man- 
agement of the school, and shall report to the said superintendent 
their views in regard to its success and usefulness and any other 
matters they may judge expedient. Such visitors shall be appointed 
annually, and their report shall bear date of the thirtieth day of May 
and cover the year preceding such date. 

Annual tax levy; 1/6 mill; about §450,000. Section 406a. 1. 
There shall be levied and collected annually a state tax of one-sixth 
of one mill for each dollar of the assessed valuation of the taxable 
general property of the state as ascertained and fixed by the state 
board of assessment for apportionment of the state tax to the several 
counties, which amount when so levied and collected, is appropri- 
ated to the normal school fund income to be used for current and 
administration expenditures and for the increase and improvement 
of the facilities of the normal schools of the state. 

Annual appropriation from general fund; $150,000. 2, There 
is annually appropriated for the period of three years from July 1, 
1911, the sum of one hundred fifty thousand dollars to the normal 
school fund income from the general fund of the state out of any 
money not otherwise appropriated, to be used for the construction 
and equipment in the order of the greatest need therefor of such 
additional buildings and the enlargements and repairs of buildings, 
equipment thereof, and the purchase of additional grounds, as in the 
judgnlent of the board of normal school regents shall be absolutely 
required, and can be completed within the appropriation herein 
made. < , U] 

Governor to approve all building plans. 3. No plan or plans 
for any building shall be finally adopted, and no contract or con- 
tracts shall be entered into by the regents for the construction of 
any building until such plans and contracts, with complete estimates 
•of the total cost thereof, shall have been submitted to, and in writing 
approved by the governor of the state, who shall withhold such ap- 
proval until he shall satisfy himself by a personal examination or 



STATE NORMAL SCHOOLS. 33 

by such other means as he may in his discretion adopt, that such 
building is required for the purpose proposed, and it can and will be 
erected and fully completed according to such plans or contracts 
for the sum proposed for the same by the regents out of the appro- 
priation herein made. 

Regents to improve site at Eau Claii-e. 4 . The board of regents of 

normal schools is authorized to improve the grounds selected for a 
site for a normal school in the city of Eau Claire and donated to the 
state for that purpose, by grading and planting trees, and otherwise, 
it necessary, and shall cause to be prepared full plans and specifica- 
tions and estimates for building and equipment necessary to properly 
establish and organize such school, and shall submit the same to the 
legislature at the beginning of the session of 1913. 

Regents may prescribe a tAvo-year college course for graduates 
from accredited high schools, etc. 5. The board of normal school 
regents may extend the course of instruction in any normal school 
so that any course, the admission to which is based upon graduation 
from an accredited high school or its equivalent may include the sub- 
stantial equivalent of the instruction given in the first two years of a 
college course. Such course of instruction shall not be extended 
further than the substantial equivalent of the instruction given in 
the first two years of such college course without the consent of the 
legislature. (1911 c. 631) 

Institutes; how held and conducted. Section 407. Institutes for 
the instruction of teachers shall be held in each year in such coun- 
ties as may be designated by the state superintendent, with the ad- 
vice and concurrence of said board, preference being given to such 
counties as receive the least direct benefit from the normal schools. 

Regulations governing institutes. The state superintendent, by 
and with the advice and consent of said board, may make such rules 
and regulations as they shall deem proper for organizing and con- 
ducting such institutes, and may, by and with the like advice and 
consent, employ an agent or agents to perform such work in con- 
nection therewith as by such rules and regulations may be pre- 
scribed. Each of said institutes shall be held under the direction 
of such agent or agents, assisted by the county superintendent. The 
course of study pursued in such institutes shall, as far as practicable, 
be uniform, and be prescribed by the state superintendent with 
the assistance of such agents, but subject to revision by said board. 

Appropriation for. Section 408. For the purpose mentioned 
in the preceding section, said board may Mse such sum not exceeding 
fourteen thousand dollars in a year, as it may deem necessary, of 
3— S. L. 



34 SCHOOL LAWS OF WISCONSIN. 

which not exceeding seven thousand dollars shall be paid from the 
normal school fund income and seven thousand dollars from the 
general fund, and such amounts as shall be so expended are hereby 
annually appropriated from the said funds respectively. The secre- 
tary of state shall annually upon presentation to him of the certifi- 
cates of the president and secretary of the board of regents, of the 
amount expended for the purpose mentioned in this section, draw 
his warrant in favor of the treasurer of said board for seven thou- 
sand dollars. (1901 c. S11) 

Normal school fund Income. Section 409. The normal school 
fund income shall, under the direction and management of the said 
board, be applied and is hereby appropriated to the establishment 
and support of the state nornaal schools and the purposes directed 
in this chapter. 

Kegents' report. Section 410. The president of said board shall 
make to the governor a biennial report, bearing date the thirty- 
first day of August of the year in which the biennial fiscal term 
closes, which shall contain a full and detailed account of the doings 
of the said board and of all their expenditures and of all moneys 
received and the prospect, progress and condition of said normal 
schools and such report, together with the reports of the different 
boards of visitors, shall be transmitted to the legislature by the 
governor. 



ACAOEIMIES— COLLEGES. 35 



ACADEMIES. 



Reports of academies; what to include. Section 411. It shall 
be the duty of the president of the board of trustees of every organ- 
ized academy, seminary and literary or collegiate institution here- 
tofore incorporated or that shall be hereafter incorporated, to cause 
to be made out by the principal instructor or other proper officer, 
and forwarded to the state superintendent on or before the tenth 
day of October in each even-numbered year, a report for the term 
terminating with the thirty-first day of August of the second pre- 
ceding year, setting forth the amount and estimated value of real 
estate owned by the corporation; the amount of other funds and 
endowment and the biennial income from all sources; the number 
of instructors and their respective salaries; the number of students 
in the different classes and the rates of tuition; the studies pur- 
sued and the books used; the course of instruction and such mat- 
ters as shall be specially requested by said superintendent, or as 
shall be deemed proper by the president or principal of such acade- 
mies or institutions to enable the state superintendent to lay before 
the legislature in his report a fair and full statement of the affairs 
and condition of such institutions. 

This statute should be more generally complied with than it 
has been up to the present time. 

Inspection of cadets. Section 411a. The president or other 
principal oflficer of any incorporated college or school of this state 
which shall be under military discipline or maintain a regular mili- 
tary department and have enrolled, uniformed and armed not less 
than one hundred cadets, may apply in writing to the governor to 
have the corps of cadets of such college or school inspected by the 
adjutant-general or other officer appointed by the governor for that 
purpose. Such inspection shall be made during April, May or June 
of each year, upon fifteen days' notice by mail to such applicant by 
the inspecting officer, and shall be held in the manner and form 
prescribed for troops in the service of the United States. 



36 SCHOOL LAWS OP WISCONSIN. i 

Officer's report. Section 411b. The inspecting officer shall re- 
port to the governor: 

1. The number of officers, non-commissioned officers and privates 
paraded and inspected by him in uniform. 

2. What such uniform is and the condition thereof. 

3. The discipline and state of instruction. 

4. The number and amounts of arms, accoutrements, stores and 
military property exhibited to him. 

5. The true condition of the same. 

6. If a cavalry company or battery of artillery be maintained, 
what number of horses were exhibited and their condition. 

7. Whether such corps has complied with these provisions and the 
orders and regulations of the governor. 

8. Such other matters as may be required. 

The inspecting officer shall receive no pay for services, but may 
be allowed ten cents per mile, to be paid by each of the schools so 
inspected. 

Suspension from inspection. Section 411c. If such inspecting 
officer shall report that such corps numbers less than one hundred 
enrolled, uniformed and armed, or that its condition and military 
proficiency are not such as, in his judgment, to entitle it to the 
benefits of section 411d, the, governor may notify the president or 
other principal officer of such college or school that it is suspended 
from the benefits hereby given, and in such case no application for 
an inspection as herein provided shall be granted for a period of two 
years. 

Graduates; rank of. Section 4 lid. In all cases where a satis- 
factory report is made by such inspecting officer the students of such 
college or school, residents of this state, graduating during the year 
within which such report is made and receiving full diploma or cer- 
tificate from such college or school, shall be entitled to the honorary 
rank of second lieutenant in the unorganized militia of the state; 
provided, that nothing herein shall be construed to give such grad- 
uates any right to wear the uniform 'of the Wisconsin National 
Guard. 



COUNTY TRAINING SCHOOLS FOR TEACHERS. 3t 



COUNTY TRAINING SCHOOLS FO 
TEACHERS. 



How organized. Section 411 — 1. The county board of any 
county within which a state normal school is not located, is hereby 
authorized to appropriate money for the organization, equipment 
and maintenance of a county training school for teachers of the 
common schools. (1003 c. 33S) 

Board for; appointments, vacancies, bond, organization. Section 
411 — 2. A board to be known as the county training school board, 
is hereby created, who shall have charge and control of all matters 
pertaining to the organization, equipment and maintenance of such 
school, except as otherwise provided by law. Said board shall consist 
of three members, one of whom shall be the county superintendent 
of schools of the county or district in which the school is located. 
The other members of the board shall be elected by the county board, 
for the term of three years from the date of their election. Vacan- 
cies existing in the board, from whatever cause, except in the case 
of the county superintendent, shall be filled by appointment made 
by the chairman of the county board, if the county board is not in 
session when such vacancy occurs. If the county board is in session, 
vacancies shall be filled by election by said board for the unexpired 
term. Appointments made by the chairman of the county board, as 
hereinbefore specified, shall be for the time to elapse until the next 
regular meeting of the county board. Each person appointed or 
created a member of the county training school board shall within 
ten days after the notice of such appointment, take and subscribe an 
oath to support the constitution of the United States and the 
constitution of Wisconsin, and honestly, faithfully and impartially 
to discharge his duties as a member of said board, to the best of his 
ability, which oath shall be filed in the office of the county clerk. 
He shall also, within the same time, file a bond in such sum as may 
be fixed by the county board, which bond shall be filed in the office 
of the county clerk. Within fifteen days after the appointment of 
said board, the members thereof shall meet and organize by electing 
one of their number as president and one as treasurer; the county 
superintendent of schools shall be ex-officio secretary of the said 



38 SCHOOL LAWS OP WISCONSIN. 

board. The said board shall prescribe the duties of the several 
officers, except as fixed by law. 

Moneys for; how piiid. Section 411 — 3. All moneys appropri- 
ated and expended under the provisions of this act shall be expended 
by the county training school board, and shall be paid by the county 
treasurer on orders issued by said board. 

JN'iiniber that may be organized. Section 411 — 4. The state 
superintendent shall give such information and assistance as may 
seem necessary in organizing and maintaining such training schools. 
He shall prescribe the course of study to be pursued; shall have 
the general supervision of all schools established under this act; 
shall from time to time inspect the same, make such recommenda- 
tions relating to their management as he may deem necessary, and 
n!.ake such reports thereon as shall give full information concerning 
their number, character and efficiency, provided that he shall not 
place upon the said list more than thirty schools. (1911 c. Ji55) 

Accredited list; report; state aid. Section 411 — 5. 1. Any 

school established under the provisions of this act, whose courses of 
study and the qualifications of whose teachers have been approved 
by the state superintendent, may, upon application, be placed upon 
an approved list of county training schools for teachers. A school 
once entered upon such list may remain listed and be entitled to 
state aid so long as the scope and character of its work are main- 
tained in such manner as to meet the approval of the state superin- 
tendent; provided, that he shall not place upon said list more than 
thirty schools. On the first day of July in each year the secretary 
of each county training school board maintaining a school on the 
approved list shall report to the state superintendent setting forth 
the facts relating to the cost of maintaining the school, the character 
of the work done, the number and the names of teachers employed 
and such c4,her matters as may be required. 

Certificate; Avarrant. 2. Upon the receipt of such report, if it 
shall appear that the school has been maintained in a satisfactory 
manner for a period of not less than ten months during the year 
closing on the thirtieth day of the preceding June, the said superin- 
tendent shall make a certificate to that effect and file it with the 
secertary of state. Upon receiving such certificate, the secretary of 
state shall draw his warrant, payable to the treasurer of the county 
maintaining such school for a sum equal to two-thirds the amount 
actually expended for maintaining such school during the year, 
provided, that the total amount so apportioned shall not exceed 
thirty-five hundred dollars in any one school year to any one school. 
(1911 c. 455) 



COUNTY TRAINING SCHOOLS FOR TEACHERS. 39 

Section 411 — 6a. No member of any county training school 
board shall be employed in the county training school for teachers, 
either as principal or as assistant teacher during the term for which' 
he was elected or appointed as a member of such county training 
school board, nor shall any person be employed as a teacher in 
such school who does not hold some form of a state license or cer- 
tificate; provided, that the provisions of this section shall not apply 
to any person now engaged as a teacher in a county training school, 
nor shall any person be employed as principal of such school who is 
not legally qualified for the position of principal of a free high 
school having a four years' course of study, nor as an assistant one 
who does not hold some form of state license or certificate. (1911 
c. 3.',9) 

By this act the number of county training schools for teachers is 

increased to thirty and the sum necessary to enable' the state 

superintendent to apportion a sum equal to two-thirds of the 

. amount actually expended for maintaining such schools during the 

year, is also provided for. 

Certificates to graduates; effect of. Section 411 — 6. 1. Any 

person who shall complete in a satisfactory manner, the course 
of study prescribed for any county training school, and who 
be of good moral character, shall receive a certificate signed by 
the principal of the school and by the members of the county 
training school board. Said certificate shall certify that the 
person named herein has satisfactorily completed the course of 
study prescribed for the county training school, and is of good 
moral chaiacter; it shall also contain a list of the standings 
secured by the person on the completion of each of the studies 
pursued in the school. Such certificate shall have the force and 
effect of a third grade certificate issued by the county superintendent 
or the county or district in which the school is located, for the term 
of three years from the date of its issue; provided, that in case the 
holder thereof has never taught or cannot furnish satisfactory evi- 
dence of having successfully taught for at least one scTiool year 
(seven months) in the public schools of this state, said certificate 
shall be of full force and effect for one year only from its date of 
issue. When satisfactory evidence of successful teaching for at 
least one year (seven months) upon said training school certificate 
shall be furnished to the county or district superintendent, said su- 
perintendent shall remove the limitation, whereupon the training 
school certificate shall have the full force and effect of a third grade 
teacher's certificate for two additional years. Be it further provided 
that in case the holder of a county teacher's training school certifi- 
cate shall have completed a four-year high school course, and shall 
have taught successfully for at least seven school months, said 
certificate shall, when countersigned by the county or district super- 



40 SCHOOL LAWS OF WISCONSIN. 

intendent, legally qualify the holder to teach, for a period of five 
years from the date when such certificate was granted, and shall 
. also be a legal qualification to teach in any department of any state 
graded school, the principalship of a state graded school of the first 
class excepted. 

2. Any school superintendent or ofiicer authorized to grant certifi- 
cates to teachers in Wisconsin schools is hereby authorized, in his 
discretion, to accept standings obtained by the completion of studies 
in any county training school in the state, when duly certified by the 
principal of said school, in lieu of actual examination by said super- 
intendent or examiner at any time within three years from the date 
of the certificate of completion of the course, by the person desiring 
to have such standings accepted. (1911 c. 602) 

Joint ti'ainmg schools between counties. Section 411 — 7. 1. 
The county boards of two or more adjoining counties may unite in 
establishing and maintaining a training school for teachers for the 
purposes and on the same general plan as provided for in sections 
411 — 1 to 411 — 6, inclusive, of the statutes, and may appropriate 
money for its maintenance, and whenever two or more counties 
unite in establishing such a school, the county superintendents of 
the counties so uniting and two members in addition chosen from 
each such county, no member of any county board being eligible 
thereto, shall constitute the joint county training school board, of 
which the superintendent of the county in which the schoolhouse is 
located shall be ex-officio secretary. 

2. If, at the time of establishing such school, the counties so unit- 
ing shall neglect to procure a site or to erect a school building there- 
for, such joint county training school board shall have power, 
subject to the approval of the state superintendent, to procure such 
site and to erect a suitable school building thereon. The joint county 
training school board shall have power, subject to the approval of 
the state superintendent to borrow money for the purposes of this 
act from "the trust funds of the state only, payable in not to exceed 
ten years with the annual interest at the rate of not to exceed three 
and one-half percentum, but the total amount of such loans shall 
not at any time exceed twelve thousand dollars. Loans for site and 
building purposes shall be made payable in equal annual install- 
ments, and provisions for the payment of each such installment, 
and accrued interest shall be made in the tax levy and apportion- 
ment r_:entioned in section 411 — 8 of the statutes. (1909 c. 98) 

Apjic rtionment of cost. Section 411 — 8. Whenever two or more 
counties unite in establishing and maintaining such school, the 
county school board provided for in such cases shall determine the 
amount cf money necessary for the maintenance and equipment 



COUNTY TRAINING SCHOOLS FOR TEACHERS. 41 

of the school for the next succeeding year, and annually thereafter. 
They shall apportion the amount to be raised by taxation among the 
counties in proportion to the assessed valuation of the real and 
personal property in each county as last fixed by the state board of 
assessment, and shall report to the county clerk of each county on 
or before the first Monday of November in each year, the amount of 
the apportionment so fixed, and such amount shall be levied in the 
county tax of each county for the ensuing year for the support of 
the school. Each county treasurer shall, immediately upon the col- 
lection thereof, pay over all moneys levied and collected pursuant 
to the provisions of this act to the treasurer of the joint county 
training school board and file the latter 's receipt therefor as a 
voucher. (1909 c. 9S) 

Who may be admitted. Section 411 — 10. The board of any 
training school for teachers established under this law in a single 
county, or by two or more adjoining counties, shall admit to said 
school, whenever the facilities provided will warrant said board in 
so doing, any person prepared to enter such school, and who may 
reside in any county but not within the district where any training 
school has already been established. Persons so admitted shall be 
entitled to the" same privileges and subject to the rules of the board 
adopted for the government of such school. 

Tuition of nonresidents, how collected. Section 411 — 11. When- 
ever any person not residing in any training school district 
shall become a student in any training school, the board of such 
school is hereby empowered to charge a tuition fee for such person 
to be fixed by a majority of the members of said board at a regular 
meeting thereof, provided that such tuition fee shall not exceed 
seventy-five cents per week for each nonresident pupil. 

The county board of supervisors of the county of which such 
person is a bona fide resident, is hereby authorized to, and shall 
provide by tax upon the property of the county, a sum sufficient to 
provide for the payment of the tuition on account of the residents 
of said county, who have attended such teachers' training school, 
and the amounts so levied shall be collected when and as other 
taxes are collected, and shall be paid by the county treasurer of said 
county to the county treasurer of the county in which the training 
school enrolling such person is situated, and the amount so received 
by such treasurer shall be placed to the credit of the teachers' train- 
ing school district. (il900 c. 223) 

Ai)propi-iation. Section 411 — 12. There is hereby appropriated 
out of any money in the treasury not otherwise appropriated, a suffi- 
cient sum to carry out the provisions of this act. (1000 c.223) 



42 SCHOOL LAWS OF WISCONSIN. 



COMMON SCHOOLS. 



(Chapter 27, Wisconsin Statutes.)' 

FORMATION, ALTERATION, MEETINGS, AND POWERS OF 
DISTRICTS. 

FC::iMATION AND ALTERATION OF DISTRICTS. 

Authority of town board. Section 412. The town board shall 

have power to alter or unite existing and to form new districts. 

The territory of a district shall be contiguous. If a district contract 

debt it shall not be so altered by taking its territory as to leave such 

debt exceeding five per cent of the last assessed valuation of the 

taxable property remaining therein. (1911 c. 121) 

Instructions: The power to change school district boundaries 
and form new districts is vested in town boards of supervisors. 
The supervisors may act on their own motion and without waiting 
for any petition or request. Their power is so absolute that the 
supervisors of a town may on their own motion unite all entire dis- 
tricts and create one large district. The only remedy any person 
feeling himself aggrieved would have in such cases would be 
through securing reconsideration of the action by the supervisors 
themselves or through an appeal to the state superintendent. 
Supervrsors are by law made the guardians of the interests of 
the people in their own town and should exercise the power granted 
discreetly and for the best interests of the people. Districts, 
should be so arranged as to meet the needs of the people. In 
cases where all the districts of a town are united the electors 
may provide for as many schoolhouses located in different parts 
of the town as are necessary to meet the wants of the people. 
The affairs of the town as a school district will be administered 
by the three members constituting a school district board. The 
taxes for carrying on the school work will be voted by the electors 
assembled in annual or special school district meeting. Dis- 
tricts should be formed as compactly as the natural features of 
the country will permit and should always embrace sufficient 
wealth to provide for efficient maintenance of the school or schools 
without resorting to burdensome taxation and, if practicable, the 
territory should be so divided that the school population in each 
district or community would be sufficient to elicit the best efforts 
of the teacher and give enthusiasm to the school. The following 
directions for changing boundaries and forming districts should 



DISTRICTS— FORMATION. 43 

l)e strittly adhered to. They are based iiyoii the statutes and de- 
cisions of the courts. They must l)e strictly folloived step by step. 
By so doing much annoyance and not infrequently considerable 
expense may be avoided. Every one will recognize that it is much 
easier to avoid irregularities and prevent consequent trouble than 
it is to cure the defects and adjust the troubles after they arise. 
Supervisors and electors should clearly recognize that in the mat- 
ter of changing district boundaries and forming new districts the 
"ounce of prevention is worth a good many pounds of cure." 

Where a new school district is to be formed from territory 
taken from districts lying wholly within the town the town board 
of supervisors at some meeting of the board must give at least 
five full days' notice in writing to the director, treasurer and 
clerk of each school district which will be affected by loss or ad- 
dition of territory. (Form 8 in the latter part of this code.) 

The notice so given must fix the date, day and hour and place 
of meeting and must be served upon each school district officer 
of each district that will be in any way affected by the change. 
The notice must be served personally or by a copy left at the 
usual place of residence of the officer at least five (better 7 or 8) 
days before the time fixed for the second meeting and the person 
serving such notices upon the district officers must file in the 
office of the clerk of the town a copy of the notice, to which is 
attached a "return" or statement showing the manner and date 
of service and the name and office of the person so served as well 
as the name of the officer serving it. (Form No. Sy^.) These 
preliminary proceedings are necessary in order that the super- 
visors may have jurisdiction to make a valid order at the second 
meeting. At this second meeting persons who are in favor of, or 
opposed to the formation of the new district are privileged to be 
present and to express their views in regard to the matter. After 
the hearing is closed the supervisors shall consider and vote upon 
the matter before them. If two members of the board vote in 
favor of the formation of the new district an order shall be made 
and signed. (See Form No. 1 in the latter part of this code.) 

An order and notice must also be made out and signed by the 
supervisors, fixing a time and place for the first meeting of the 
electors of the district. (See Form No. 2.) 

This notice must be served upon all the voters, men and women, 
in the newly formed district and the person serving this notice 
must make due return to be filed with the district clerk when he 
is elected. (Form No. 4.) 

The supervisors must also make a division of the school prop- 
erty as provided in sections 420-421. (Form No. 10.) 

The proceedings given above must be followed in making altera- 
tions of the houndaries of an entire district with the exception 
that where boundaries only are changed without forming a new 
district, no division of property or notice to a taxable inhabitant 
is necessary. 

In creating a new joint school district from territory comprised 
in two or more towns the proceedings are as follows: 

A joint meeting of at least a majority of the board of super- 
visors of each town. These supervisors may meet on their own 
motion or by a call issued by the chairman of the supervisors of 
any one beard or upon petition. It makes no difference how they 
are brought together for the first meeting. Neither is it neces- 
sary that the first meeting shall be especially for the purpose of 
beginning proceedings for considering the creation of a joint dis- 
trict. When assembled, however, the proceedings must be had 
after the manner outlined in the case of entire districts. The 



44 SCHOOL LAWS OF WISCONSIN. 

notices to school officers must be signed by a majority of each 
board and the "return" made by the officer serving the notice 
must be filed in the office of the clerk of each town. If the super- 
visors at the second joint meeting act favorably upon the proposi- 
tion, the order and notice to a taxable inhabitant should be 
signed by a majority of the board of each town. (Form No. 2.) 

The statutes have provided two methods whereby the 'boundaries 
of a joint school district may be changed either by adding terri- 
tory thereto or taking territory away. The first and the usual 
method is the one followed in creating a new joint district, as 
outlined above; the second is provided for by section 419a, (Chap- 
ter 218, Laws of 1903) and seems easily applicable fo cases in 
which the transfer of comparatively small amounts of territory 
is desired and the changes in highways, location of school site, 
location of homes, etc., is apparently demanded by the changed 
condition. 

When this application is made, the chairman to whom it is 
presented may do one of two things. 

1. Call a meeting in the manner outlined in section 419a by 
giving the notices to the supervisors of the towns interested and 
also to all the officers of the districts interested. The school of- 
ficers of the districts interested must also be notified and due re- 
turn made after the manner indicated in the case of entire dis- 
tricts, except that it is sufficient if the notice is signed by the 
chairman of the town instead of a majority of the board of super- 
visors. Or 

2. The chairman to whom it is presented may "pigeon hole" 
the anplication, that is place it in his desk and neglect or refuse 
to call for a joint meeting of the necessary officers. Anyone feel- 
ing himself aggrieved by this refusal or neglect to call a meeting 
may, after twenty days, take an appeal to the state superintend- 
ent, as provided by the rules and regulations governing appeals 
given under section 497, page 218, of this code. In cases where 
the proceedings have been regular and the appeal is taken to the 
state superintendent, it becomes his duty to consider and decide 
the case upon its merits. Section 1, subsection 2 of section 419a 
(chapter 218, laws of 1903), also provides that the supervisors 
making the application may do so unon their own motion; and 
further, must make the application whenever a petition signed as 
provided in section 2 is filed with the town clerk, said petition 
clearly descrbing and locating the territory which it is desired 
shall be transferred from one district to another. 

In the above explanation of "proceedings necessary" the expres- 
sion "town board of supervisors" includes also, "boards of trustees 
of villages," and "members of city council of cities." 

Section 263 provides that no district which is indebted to the 
trust funds of the state can be altered by taking therefrom any 
land included therein at the time the district became indebted 
tmless the consent of the land commissioners is secured. 

Number of school district to be recorded and not changed there- 
after. Section 1. After the first day of January, 1904, it shall 
not be lawful for any town board of supervisors or any town board 
of school directors, or any other officer or officers to change the 
number of any school district or sub-district joint or entire. 

Not to be revived. If a district or a sub-district is dissolved, or 
t>y the exercise of proper authority attached to and made a par^ 



DISTRICTS— ALTERATION. 45 

of another district or districts, no newly formed district shall, after 
January 1, 1904, be made to bear the number of the district so 
dissolved. (1003 c. 113) 

It is the purpose of this chapter to prevent confusion in keeping 
school district records in the office of the town clerk and to en- 
able the state superintendent to keep a more satisfactory record of 
dictionaries furnished free to schools in accordance with the pro'- 
visions of section 509. 

In the case of consolidation of districts the town supervisors 
shall decide upon the number of the district as consolidated. The 
number of one of the districts interested should be retained in all 
cases of consolidation. 

How altered, formed, etc.; notice of first meeting. Section 413. 
The town board shall make a written order describing the territory 
affected by the alteration, union or formation of districts and file 
the same, within twenty days, with the town clerk, and when dis- 
tricts are to be united or a new district formed, deliver to a tax- 
able inhabitant of the new district their notice in writing describing 
its boundaries and appointing a time and place for the first district 
meeting, and therein direct such inhabitant to notify all of the 
qualified voters of the district, either personally or by leaving a 
written notice at his place of residence, of the time and place 
of such meeting at least five days before the time appointed there- 
for; and said inhabitant shall notify the voters of such district ac- 
cordingly, and indorse thereon a return containing the names of all 
persons thus notified and said notice and return shall be recorded 
as a part of the record of the fipst meeting in such district. Pro- 
vided that an unintentional omission to so notify not to exceed one- 
sixth of said voters shall not invalidate said notice. (1905 e. 268) 

The order forming a new district should describe its territory 
by the government surveys; that is, the order should describe the 
parcels of land embraced in the new district. See Form No. 1. 

The notice for which this section provides should be read in the 
hearing of each voter. Where this is impracticable a copy of the 
notice must be left at the residence of the voter, and it must be 
served as early as the sixth day before the day named for such 
meeting, as the day on which the notice is served is not counted. 
See Forms Nos. 2, 3, and 4. 

Not only the names of all persons notified, but the manner in 
which the notice was given to them must be embraced in the "re- 
turn" made by the person serving the notice. "All returning of- 
ficers are ministerial, and are bound to set forth in their returns 
all acts done by them, that the proper tribunal may judge of their 
sufficiency. They are not competent to judge of the legality of a 
notice or service; and a "return" simply to the effect that a pre- 
cept has been legally served, or that the duty enjoined by the war- 
rant has been duly performed, would most clearly be insufiicient." 
12 Pick., 206. 

The "return" is the only competent evidence of the service of 
the warrant and is to be endorsed on the notice read to the voters 
and signed by the person giving the notices. This document 
should be produced at the first meeting, and filed with the rec- 
ords of the district. See Form No. 4. 



46 SCHOOL LAWS OF WISCONSIN. 

Anothei' method of giving notice. Section 414. If such notice 
be not given or if the inhabitants being so notified reluse to meet, 
or if there be no competent authority in the district to call a spe- 
cial meeting the town board shall give and cause to be served the 
notice as prescribed in section 413. 
See Form 2. 

The qualifications of electors are defined in sections 428 and 
428a. The inbabitants having assembled in compliance with the 
call for whicb the section provides, the meeting should be organ- 
ized by the election of a chairman and clerk pro tempore, and then 
proceed to the election of officers and transaction of business ac- 
cording to the provisions of sections 430 and 431. The directions 
following section 430n, suggest a mode of procedure. 

Formation of joint disti-icts. Section 415. If a district is to be 
formed from adjoining towns the boards of such towns shall meet, 
act together and make their joint written order describing the ter- 
ritory embraced in such district, signed by at least two of the super- 
visors of each town, file the order with the town clerk of each 
town, deliver the notice of formation to a taxable inhabitant of 
such district and cause the same to be served and returned as pre- 
scribed in section 413; and such district may be altered only by the 
joint action of such town boards as provided in section 418 or sec- 
tion 419a. Districts become joint by the division of a town without 
other action. 

See Form 6. 

Ordinary districts may become joint districts by the division of 
a town, without any further action. 35 Wis., 178. 

It will be seen by this section that a joint district can be 
formed, altered, or dissolved only by the joint action of the super- 
visors of all the towns or municipalities interested, and an order 
effecting any of these changes must be signed by a majority of 
each board. 

When a school district lies partly in a city or an incorporated 
village and the adjoining town, such district is joint, and the 
boundaries thereof can oniy be altered by the joint action of the 
city council or the village board of trustees and the town board 
of supervisors. See section 422 for definition of joint school dis- 
trict. See also section 419a. 

Notice for the first meeting of a joint district must also be 
signed by a majority of the supervisors, village trustees or city 
council as the case may be of each of the municipalities in which 
any part of such district is situated. 

JKstriot, when organized. Section 416. A district shall be 

deemed organized when any two of the officers elected at its first 

legal meeting file with the clerk and cause to be recorded in the 

minutes of such meeting their written acceptances of the offices to 

which they have been respectively elected or when it has exercised 

the franchises and privileges of a district for the term of two years. 

See Form 7. 

If two of the officers elected are present, and at once file their 
acceptances with the clerk of the meeting, and he records them. 



DISTRICTS— NAME. 47 

the district is then duly organized, and may proceed to the trans- 
action of any other business, as provided in section 430. The 
treasurer is not likely to file an approved bond at that time, but 
that can be done afterwards. If two of the officers do not then 
file their acceptances, the meeting shoula adjourn and await their 
action. If the persons elected at the first meeting, or any of 
them, refuse to accept, the meeting may at once proceed to elect 
others. The same may be done at an adjourned meeting, if notice 
of refusal to serve is then received. The district meeting should 
endeavor to effect a complete organization, but if after reasonable 
trial it fails to secure more than two officers by election, the two 
who have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the privi- 
leges of a school district for two years, it is held to be legally or- 
ganized, notwithstanding any informality of proceeding in its or- 
ganization; and in the meantime, and until its organization is set 
aside by competent authority, it is the duty of its officers to com- 
ply with all the requirements of the school law. It is sufficient 
for them to know that it is a district de facto. After two years 
have elapsed, its organization cannot be set aside on account of 
any alleged defect in its original formation or organization. 

Body corporate; name. Section 417. The word district as used 
in this chapter, unless otherwise defined, means school district, and 
a district lawfully organized is a body corporate and possesses the 
usual powers of a public corporation by the name and style of school 
district (joint) school district number ■ — — , of the town (towns) 

of , name of the town (towns) in which the district is situatea. 

Such number shall be designated by the town board or boards in 
the order for the formation thereof. The board shall make its con- 
tracts in its corporate name. 

A school district, as a corporate body, has perpetual succession 
and existence by its corporate name, and may hold real and per- 
sonal estate for its corporate purposes. It is a body created by 
law, and fs wholly distinct from the individuals that may, from 
time to time compose it. It does not become dissolved, or lose 
any of its rights, or become discharged of its obligations by a 
change of its name, number or boundaries, or by becoming a 
joint district. (4 Wis., 79.) 

Contracts made or suits brought by a district, and all writings 
in which it is a party, require that the name of the district should 
be mentioned: e. g., school district number four, town of Lin- 
coln, Polk county. When district officers are specifically empow- 
ered by law to act, their names may be mentionea. 

Lost records, restoration of. Section 417a. If the record of the) 
formation or establishment of boundaries of a district be lost or 
destroyed, the board of the town or village or the council of the 
city in which such district lies may make a new record by written 
order entered in the records of such town, village or city. When- 
ever the town or village board or city council shall contemplate 
making such new record, they shall give at least five days' notice in 
writing to the clerk of the affected district, stating when and where 
they will be present to make such new record, and such clerk shall 



48 SCHOOL LAWS OF WISCONSIN. 

immediately notify the other members of the board. Such order 
shall within three days be entered in the record of the proper town, 
village or city, and the clerk thereof shall within the same time file 
a copy of such order with the clerk of said district. Any number 
of districts may be included in one such order or notice. In case 
of the loss or destruction of the records pertaining to a joint district 
the clerk of any town, village or city in which the district lies shall 
procure and record a certified copy of the records of any other 
town, village or city relating to such joint district, or the board of 
the town or village, or council of the city in which such joint dis- 
trict lies may meet and act together in the making of such new 
record. An order made pursuant to this section or the record there- 
of shall be presumptive evidence of the regularity of all prior pro^ 
ceedings pertaining thereto, of the legality of the formation of such 
district, of the boundaries thereof and of the loss or destruction 
of the record of its formation. Parties conceiving themselves 
aggrieved by any decision made under the foregoing provisions may 
appeal therefrom in the manner provided by section 497. 

Notice of hearing. Section 418. Whenever the town board 
shall contemplate an alteration of a district they shall give at least 
five days' notice in writing to the clerk of the district or districts 
to be affected thereby, stating in such notice when and where they 
will be present to decide upon such proposed alteration; and such 
clerk or clerks shall immediately notify the other members of the 
board. No territory shall be detached from one district unless by 
the same order it be attached to another; and a district may be 
dissolved by attaching all its territory to other districts. 
See Form No. 8 and instructions under section 412 
There is no presumption that notices have been given, and a re- 
cital m the order of the board to the effect that they have been 
given IS not prima facie evidence of the fact. Moreover, the dis 
trict officers cannot waive notice. 60 Wis., 395- 29 Wis 419 

The board acquires no jurisdiction to make the change, unless 
the giving of the notices be authorized at a meeting of the super- 
visors duly held. 106 Wis., 475. ^ 

thI^^!<.2''^''T" ?I ^^^ persons serving the notices required by 
this section should bear the admission of service of the district 
officers endorsed thereon, and these should be attached to the or- 
der changing the boundaries of districts, and should be filed with 
It m the office of the town clerk, so that evidence that the proper 
notices were given may be accessible at all times 

o,i; Ti! /"^ "'"^''^'''^ ^^^^ ^^^ language of the statute is— "When- 
ever the town board shall contemplate," etc. This implies that 
town boards may act in the formation and alteration of the bound- 
aries of school districts on their own motion, and without wSt- 

w.i ^ P^V." ^^- ^ P"^^^^«^ ^«' however, helpful and will be 
welcomed by the supervisors. 

Alteration of school district boundaries; order, filing of- when 
in effect. Section 419. In all cases where an alteration of the 



DISTRICTS— JOINT— ALTERATION. 49 

boundaries of a school district shall be made, the town board ot 
supervisors shall within three days thereafter, give notice thereof by- 
filing a copy of the order so altering said school district, with the 
town clerk and also with the district clerk of each of the districts 
affected by such alteration. No alteration of any organized school 
district shall be made to take effect between the first day of Decem- 
ber in any year, and the first day of April following. (1903 c. 266) 

Before the passage of this law it was in the power of a school 
district board to postpone the time when an order made by the 
town board of supervisors altering the boundary of a school dis- 
trict could take effect. The clause of section 419 giving a district 
board tnis power, is omitted and hereafter an order altering 
school district boundaries may be made to take effect in accord- 
ance with the judgment of the supervisors making the order. 

Failure to file the order with the town clerk does not avoid the 
division; 11 Wis., 29. It should, however, be filed promptly, as 
the information is necessary for the guidance of the town clerk 
and of the district clerks. 

No action in tne direction of holding district meetings can be 
taken by the voters of a new district until the order forming the 
district takes effect. The notice for a first meeting should not 
antedate the time at which the order creating the district be- 
comes effective. 

Joint school districts. Section 419a. Whenever an application 
in writing, describing and clearly setting forth by use of usual and 
definite terms, and having for its purpose the alteration of the 
boundaries of any joint school district, signed by at least two 
members of the board of supervisors of any town in which any 
part of such joint school district is situated, shall be presented to 
the chairman of the town, mayor of the city or president of the 
board of trustees of the village, in which the schoolhouse of such joint 
district may be situated, such chairman, mayor of the city, or 
president of the village board, shall, upon receipt of such application 
or petition, fix a time for the joint meeting of the town boards of 
supervisors, and the city council, or the village board of trustees 
of all the municipalities in any way affected by said proposed change, 
which time shall not be less than ten or more than twenty days 
after the presentation to said ofiicer of such petition or application, 

A'otice. The officer to whom the application or petition is pre- 
sented shall cause a written notice of the time and place of such 
meeting to be given to each supervisor, member of the council, or 
member of the village board of trustees entitled to be present at 
such meeting, which notice shall be served at least five days prior 
to the date fixed therefor. Such meeting shall be held at the school- 
house in such joint district, unless some other convenient place 
shall be designated in the notice. 
4 — S. L. 



50 SCHOOL LAWS OF WISCONSIN. 

Appeal, how made. If the chairman of the town, mayor of the 
city, or president of the board of village trustees, as the case may 
be, to whom such application shall be presented, neglect or refuse to 
tix the time and place or to give notice for the meeting as pro- 
vided by this section, or if the supervisors, the city council, or the 
board of village trustees, or a majority thereof, of any town, city 
or village in any way interested or affected by the proposed change 
or school district boundaries, neglect or refuse to be present at 
such meeting or being present, neglect or refuse to hear and vote 
upon the application before them, the application shall be deemed 
denied, and an appeal may be had therefrom in similar manner, 
and with like effect as in other cases of denial. The provisions of 
sections 418, 419, 422, and 497 shall, as far as may be applicable, 
apply to the above proceedings. (1903 c. 218) 

Change of boundaries in joint school districts; application, how 
made. Section 419b. The board of supervisors of any town con- 
taining territory, now or hereafter embraced within the boundaries 
of any joint school district, may make the application provided for 
in section one, whenever in their judgment such alteration will 
promote the welfare of the pupils residing in such town; and such 
board shall make such application whenever one-third of the voters 
residing in such town or two-thirds of the voters residing in that 
portion of such joint district, situated in such town shall make and 
file with the town clerk a petition, praying that such alteration be 
made. 

This law provides another method whereby the boundaries of 
joint districts may be altered. In any case where such alteration 
is contemplated it will be wise for the town boards of supervisors, 
as well as other parties interested, to look up all the laws relat- 
ing to the alteration of district boundaries and formation of new 
districts, especially sections 413, 41-5, 418, 419, 419a, 420, 422, 424. 
The method most easily applied in the particular case should be 
adopted. A petition is deemed necessary only in cases where it is 
probable that one or more of the boards will refuse or neglect to 
act. Section 419a was apparently enacted for the sole purpose of 
providing a possible remedy in certain cases by an appeal to the 
state superintendent. It should also be understood that where 
the boards act on their own motion, a preliminary meeting must 
be called for the purpose of issuing the written notices, required 
by section 418. (See Form 8.) At a secona meeting of the super- 
visors the necessary order may be made or an application or peti- 
tion may be formally denied. 

Neither section 419a or 419b provides for the creation of a new 
district, joint or entire. 



DISTRICTS— CONSOLIDATION— TRANSPORTATION. 51 



CONSOLIDATION OF SCHOOL DISTRICTS AND TRANSPORTA- 
TION OF CHILDREN. 

Petition; meeting of the board or boards of supervisors. Section 
419b. .Whenever an application in writing, signed by at least one- 
third of the legal voters in each of two or more school districts, 
shall be filed with the chairman of a town board of supervisors or 
the president of a village board of trustees or mayor of the city in 
which any part of such whole or joint school districts are situated, 
requesting the town board or boards of supervisors, or the town 
board or boards of supervisors and the village board of trustees or 
city council of any of the municipalities included wholly or in part 
within the boundaries of such school districts, to call a meeting of 
the town board or boards of supervisors, or the town board or 
boards of supervisors and the village board of trustees or city coun- 
cil, to consider the question of altering the boundaries of such school 
districts and forming in lieu thereof one consolidated school dis- 
trict, it shall be the duty of the officer with whom such application 
or- petition has been filed, to fix a time for the meeting of the town 
board or boards of supervisors, or the town board of supervisors 
and the village trustees for a meeting of the town board of super- 
visors or for a joint meeting of the town boards of supervisors or 
town boards of supervisors and the village board of trustees, or city 
council, in which any part of such whole or joint school districts 
may be situated, which time shall not be less than ten nor more 
than twenty days after the presentation to such officers of such 
petition or application. 

Action of board; effect. Section 419c. The officers to whom the 
application or petition is presented shall cause a written notice of 
the time and place of such meeting to be given to each supervisor, 
member of the council, or member of the village board of trustees, 
entitled to be present at such meeting, and to the clerk of each 
school district affected by the proposed change, which notice shall 
be served at least five days prior to the date fixed therefor, such 
meeting shall be held at the schoolhouse, or some convenient place 
within the boundaries of the proposed consolidated school district. 
If the town board of supervisors or the town boards of supervisors, 
or the town board or boards of supervisors and the village board of 
trustees in which any part of the said school district shall be situat- 
ed, shall by joint vote favor the consodidation of such school dis- 
tricts, they shall make an order to that effect, which order shall be 
duly filed in the office of the town clerk or village clerk of each of 



h2 SCHOOL LAWS OF WISCONSIN. ! 

the towns or towns and village in which the school districts may 
wholly or in part lie, and thereafter such consolidated school district 
shall for all purposes whatsoever be considered one school district. 

Appeal. Section 419d. If the officers upon whom the applica- 
tion shall be served shall refuse or neglect to fix the time and the 
place, or to give the notices for the meeting as provided in this.act, or 
if the board of supervisors or the board of village trustees, or city 
council, or a majority thereof of any town, towns or village, or 
cities, in any way interested in or affected by the proposed change, 
shall neglect or refuse to hear and to vote upon the application 
before them, or if a majority of the town board of supervisors or 
town boards of supervisors or village board of trustees shall refuse 
to attend such meeting, then the application shall be deemed de- 
nied, and any person feeling himself aggrieved by the action taken 
by the town board of supervisors and trustees of the village, under 
the provisions of this act, may appeal therefrom to the state super- 
intendent in a similar manner and with like effect as in other cases. 

State aid for transportation. Section 419e. In case two or more 
school districts shall be ordered consolidated under the provisions 
of this act, and in case the electors and school board of such con- 
solidated school district shall maintain during any school year a 
first-class [rural school], or free high school, and the grades below 
a free high school, and the electors of such consolidated school dis- 
trict shall direct the school board to transport all persons of school 
age living more than two miles from the school in such district, 
that may desire to attend school, then the state may repay to such 
school district ten cents per day for each such person living more 
than two miles from school, the distance to be measured by the 
nearest traveled highway, that was so transported to and attended 
school regularly for at least six months during such said school 
years. 

Arrangements may be made with parents to transport their chil- 
dren. Section 419f. In case the electors of any such consolidated 
school district shall desire to take advantage of the provisions of 
this act relating to transportation, they may make arrangement 
with the parents, guardians or other persons to transport such, 
children as may live more than two miles from school; providing, 
that such parents, guardians or other persons shall provide for 
the transportation of the children a comfortable and convenient bus 
or wagon well supplied with protection against inclement weather, 
and shall actually transport or provide for the transportation of 
such children to the school for at least six months. 



DISTRICTS— DIVISION OP PROPERTY. 53 

Reports. Section 419g. Any board of the consolidated school 
district entitled to aid under the provisions of this act shall, on or 
before the 15th day of July in each school year, make under oath a 
report to the state superintendent giving the name of each pupil 
transported more than tw^o miles, the number of days each such 
pupil was transported, the mode of transportation, and the total 
amount claimed by the district on account of all pupils residing 
more than two miles from school for whom transportation or trans- 
portation and tuition have been paid. Upon receipt of such report 
the state superintendent shall certify to the secretary of state the 
amount due such district, and the secretary of state shall thereupon 
issue a warrant in favor of such district, for such amount which 
shall be paid by the state treasurer to the treasurer of the district 
from the school funds provided for by section 1072a of the statutes. 

Section 419h. To carry out the provisions of this act there is 
hereby appropriated annually, out of the moneys assessed and col- 
lected under the provisions of section 1072a of the statutes, a sum 
sufficient to meet all the approved claims coming under the pro- 
visions of this act. (1911 c. 61,9) 

The above chapter does not appear to repeal chapter 218, laws 
of 1903 (section 419a). The purpose of the chapter is to consoli- 
date two or more school districts and provide for transportation 
of children. It seems clear in its provisions and with what has 
been said under the head of section 412 with reference to pro- 
ceedings of town boards of supervisors, no further comment is 
necessary. The electors may authorize the school board to pay 
any reasonable sum per capita to the parent for the transporta- 
tion of his children. The state, however, is not liable for more 
than the ten cents per capita per day. The district is privileged 
to provide for transportation of all the children but the state is 
obligated to pay for those only who reside hcyoncl the two mile 
limit. 

This plan for uniting two or more districts, lilve the method 
given under section 419a, requires but one meeting of the board 
or boards of supervisors. The advantages to be derived from 
uniting school districts are many. By so doing weak districts be- 
come strong and can easily afford to organize and maintain first 
class rural schools and state graded schools in many cases where 
the schools are taught by inexperienced teachers and the number of 
pupils is so small that no interest or enthusiasm can be created. 
This plan for consolidation should be considered and discussed in 
every neighborhood where the schools are small and conditions 
render consnlidation practicable. 

Division of property. Section 420. If a new district be formed, 
in whole or in part, from one or more districts possessed of a school- 
house or entitled to other property, the town board, at the time of 
forming such new district, shall determine the proportion of the 
value of the schoolhouse and other property justly due to such new 
district according to the taxable property of the respective parts of 
Buch former district at the time of the division, and such amount 



54 SCHOOL LAWS OF WISCONSIN. : 

of any debt due from the former district which would have been a 
charge upon the new had it remained in the former district shall be 
deducted from such proportion. 

Collection and application of money. Section 421. The' town 
board shall certify to the district clerk of each district retaining a 
schoolhouse or other property the amount ascertained by them as 
the proportion due to the new district, and such amount shall be 
embodied in the next statement of taxes to be made by the district 
clerk to the town clerk as required by section 472, and shall be 
collected and paid to the treasurer of the new district to be applied 
toward providing a schoolhouse therefor; and the money so received 
shall be allowed to the credit of the taxable property taken from 
tne district paying the same in reduction of any tax imposed on said 
taxable property in the new district for the building of the school- 
house; but in case the new district shall have raised a tax and pro- 
vided a schoolhouse before the receipt of such money, the treasurer 
thereof shall pay on demand to each taxpayer residing in the terri- 
tory taken from the district paying the same, the amount actually 
paid by him in schoolhouse taxes in excess of the amount he would 
have paid if the money had been received and credit given before 
such taxes were collected, and the treasurer shall be liable therefor 
on his official bond. 

See Form No. 10. 

When territory is merely transferred from one district to an- 
other, no claim will lie against the district yielding territory on 
account of property. 

By "property" is meant lands, tenements, hereditaments, money, 
goods, chattels, things in action, and evidences of debt. The divi- 
sion of the share of the income of the school fund is discussed in 
and under section 558, and section 554, as amended by chapter 313, 
laws of 1903. 

Alteration of district in town and village, etc. Section 422. 

Whenever any school district in this state shall be comprised partly 

of the territory of any city or an incorporated village and partly of 

the territory of an adjoining town or towns, it shall be and for all 

intents and purposes shall be considered as a joint school district 

v^hich may be dissolved or the boundaries of which may be changed 

only by the joint action of the city or common council of the city 

or the trustees of the village as the case may be and the board or 

boards of supervisors of the town or towns in which any part or 

parts of said joint school district may be situated and only in the 

same manner in which any other joint district may be altered or 

dissolved, but no new joint district embracing a part of any city shall 

be hereafter formed. (1901 c. SOf/) 

The appraisal and award should be made at the time of the 
formation of the pew district but will be legal if necessarily do,-, 
layed. 



DISTRfCTS— DISSOLUTION. 55 

If the duty is wholly neglected by the supervisois, or, the award 
being made by them, the clerk of the old district neglects his 
duty, the remedy in either case is by mandamus. 

No vote of the old district is required to raise the amount to 
which the new district becomes entitled under the action con- 
templated by section 421. This tax cannot be collected as a spe- 
cial district tax; it must be returned to the town clerk by the 
district clerk, as certified to him by the town board. 

The duty of making an equitable division of the property of the 
district retaining the schoolhouse, here imposed upon the town 
board, is mandatory, and no agreement or condition recited in the 
order for division of territory will relieve the board of this duty. 
An agreement to consent to the division of a district in consid- 
eration of the surrender of property rights by the new district is 
void. 63 Wis., 337; 81 Wis., 428; 87 Wis., 533. 

In case the new district raises a tax for the purpose of building 
a schoolhouse before any money is received from any or all of the 
old districts out of whose territory the new district is formed, 
the treasurer of the new district, upon receiving the amount due 
from any of the old districts, shall pay the same to the tax payers 
residing in the territory that formerly belonged to the district 
paying the money. The amount received shall be apportioned 
among tne proper persons on the same basis that served for the 
collection of the tax. 

Neglect to keep school. Section 4 23. If a district for two or 

more successive years neglect to maintain school as required by law, 

the town board of the town embracing the district shall attach the 

same to such other adjoining district or districts in the town as they 

shall judge proper; and if the district be joint, then the town boards 

shall attach the respective parts thereof to other districts in their 

respective towns: This section shall not apply to any district which 

may provide for the instruction of its pupils in any adjoining or 

other district, as provided in subdivision 15, section 430. 

Section 418 allows the town board to dissolve a district by at- 
taching its territory to other districts. This section requires them 
to do so whenever a district fails to maintain a school for two 
successive years, unless provision has been made for the free in- 
struction and transportation of the pupils of the district as pro- 
vided in sections 430 — 1 to 430 — 8, inclusive, section 430, and of 
section 554a. Failure to elect district officers does not of itself 
dissolve a district, as the organization may be restored in the 
manner prescribed by section 414. 

Property of dissolved district. Section 424. Whenever a dis- 
trict shall be dissolved by reason of the attachment of all its terri- 
tory to some other district, the town board, and in case of a joint 
district the town boards, shall take charge of the property belonging 
to the same at the time of its dissolution, dispose of the same by 
grant or otherwise, and apply the proceeds to the discharge of its 
debts, paying over the remainder, if any, to the treasurer, and in the 
case of more than one district, to the treasurers of the districts to 
which the territory has been attached, in proportion to the valuation 



56 SCHOOL LAWS OF WISCONSIN. 

of the property attached to each as appears from the last tax rolls 
of the respective towns. 

The supervisors of all the towns interested in the dissolution of 
a district must unite in the sale of its property, and in the execu- 
tion of deeds of its real estate. They should require cash pay- 
ments, and all conditions of sale should he mentioned in the 
posted notices. Unexpended and unappropriated money in the 
hands of the district treasurer, is "property," and is to he divided 
by the town board or boards. 

Particular attention should be given by town boards of super- 
visors, trustees of villages and city councils to the matter of re- 
cording the proceedings which affect the formation and altera- 
tion of school districts. 



MEETINGS 

Annual; report to. Section 425. The annual district meeting 
shall be held on the first Monday of July unless that be a legal holi- 
day, in which case it shall be held on the next day at seven o'clock 
in the afternoon, unless another hour be fixed by a vote recorded at 
the last annual meeting, and any annual meeting heretofore or 
hereafter held shall be valid notwithstanding any provision to the 
contrary in any special or local law. It shall be the duty of the 
district board to meet on the Saturday immediately preceding the 
annual meeting, carefully examine the accounts of the treasurer, 
and make up a full and itemized report of all receipts and expendi- 
tures since the last annual meeting, of the amount in the hands of 
the treasurer or the amount of the deficit for which the district 
is liable, of the amount necessary to be raised by taxes for the sup- 
port of the school for the ensuing year, and of the amount required 
to pay the interest or principal of any debt due or to become due 
during such year; which report shall be submitted in writing at the 
annual meeting and recorded by the clerk at length with the action 
thereon in the! proceedings of the meeting. 

All annual school district meetings are held on the same day. 
When the first Monday in July is the fourth, and when the fourth 
of July occurs on Sunday, the annual meeting miist be held on the 
Tuesday following. 

The hour for holding an annual district meeting is 7 o'clock in 
the afternoon, unless a different hour was fixed by vote at the 
previous annual meeting. District officers have no power to call 
an annual meeting at any other hour than that which the law 
designates. 34 Iowa, 306. 

JVotice. Section 426. The clerk shall give at least six days pre- 
vious notice of the annual meeting by posting notices therefor in 
four or more public places in the district, one of which shall be 
affixed to the outer door of the schoolhouse, if there be one in the 
district; and he shall give like notice for any adjourned meeting, 



DISTRICTS— MEETINGS. 5Y 

if the adjournment be for more than one month; but no annual 
meeting shall be deemed illegal for want of due notice, unless it 
shall appear that the omission to give such notice was wilful and 
fraudulent. 

See Forms Nos. 11 and 12. 

While it is the duty of the district clerk to notice an annual 
school district meeting according to the provisions of this section 
and while he may be punished by fine for neglect or refusal to 
comply with the statute, the notice is not essential to the validity 
of the meeting. The statute and not the notice is the foundation 
of the meeting. 6 Hill, N. Y., 647. 

Ifcnange of schoolhouse site, adoption of free text-books erec- 
tion of a school building is to be considered, or if money is to be 
noticT '^ ''''^^ ^^ '^''" *° incorporate the fact in the annual 

Special meetings. Section 427. Special meetings shall be called 
by the clerk, or in his absence by the director or treasurer, on 
the written request of five legal voters of the district, and notices 
thereof specifying particularly the business to be transacted shall 
be posted in the manner prescribed for calling the annual meeting; 
and the electors when lawfully assembled at a special meeting 
shall have power to transact the same business as at the first or 
annual meeting, except the election of officers, voting a tax to com- 
pensate the clerk and authorizing a change in textbooks.* But 
no more than one such meetihg to consider the same subject shall 
be held in the district in the same school year. No tax or loan or 
debt shall be voted at a special meeting unless three-fourths 
of the legal voters shall have been notified either personally or 
by written notice left at their places of residence, stating the time, 
place and objects of the meeting, and specifying the amount pro- 
posed to be voted, at least six days before the time appointed 
therefor, exclusive of the day on which the meeting is to be held. 
See Forms Nos. 4, 13 and 14. 

It is the duty of the clerk to call special meetings whenever re- 
quested to do so by the required number of legal voters. The fact 
that the district clerk does not approve of the objects sought by 
those who request him to call a special meeting, is no cause for 
refusing to comply with the request. 

"When public corporations or officers are authorized to perform 
an act for others, which benefits them, then the corporations or 
officers are bound to perform the act. The power is given tnem 
not for their own, but for the benefit of those in whose behalf 
they are called upon to act, and such is presumed to be the legis- 
lative intent. In such cases they have a claim de jure to the 
exercise of the power." 9 Wis., 285. 

Any business that can be done at an annual meeting can be 
done at a special meeting, properly called, except the election of 
officers, voting a tax to compensate the clerk, director and treas- 
urer. T he notice for a special meeting may be given by the di- 

* Changes in textbooks are now made by the district board. See 
section 440. 



58 SCHOOL LAWS OF WISCONSIN. 

rector or treasurer in case of a vacancy in the office of clerk, or 
if that officer is absent or incapable of acting. 

A special meeting may rescind any action taken at the annual 
meeting, if proper notice has been given; but if rights have been 
acquired by third parties, those rights cannot be set aside by the 
vote of the district. This includes the rights of persons elected 
to a district office. 

"Six full days" requires the notice to be given as early as on 
the seventh day before the time designated. 

The personal notice required by this section to be given to 
three-fourths of the electors of the district in all cases where it 
is the purpose of the special meeting to vote a tax, loan or debt, 
should include women, on whom the right of suffrage in elections 
"pertaining to school matters," is conferred by section 428a. 

Care should be taken in naming the amount to be raised at a 
special meeting to specify a sum equal to or greater than that 
needed. It is competent for a special meeting to raise a less, 
but not competent for it to raise a greater sum than that men- 
tioned in the notice. 

All laws relating to levying taxes are construed strictly, and 
the requirement that notices for a special meeting whose pur- 
pose is to raise money shall specify the amount to be raised is 
mandatory. 

A "return" to be filed in the office of the district clerk should 
show the names of the electors upon whom the notice was served. 
(Form No. 4.) 

Who may vote. Section 428. Every resident elector of the dis- 
trict shall be entitled to vote in any meeting, provided such elector 
has resided therein for at least thirty days next preceding any 

meeting. (1S99 c. 233J 

The qualifications of voters at a general election are declared 
by section 12 of the Wisconsin statutes, to be as follows: 

Section 12. Every male person of the age of twenty-one years 
or upward, belonging to either of the following classes, who shall 
have resided in the state for one year next preceding any elec- 
tion, and in the election district where he offers to vote ten days 
[except in the case of school district meetings, in which case 30 
days' residence in the district is required] shall be deemed a 
qualified elector at such election: 

1. Citizens of the United States. 

2. Persons of foreign birth who shall have declared their inten- 
tion to become citizens, conformably to the laws of the United 
States on the subject of naturalization. (After December, 1912, 
all persons must be citizens of the United States as well as of the 
state in order to vote.) 

3. Persons of Indian blood who have once been declared by law of 
congress to be citizens of the United States, any subsequent law 
of congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any 
tribe. 

5. Any civilized person, being a descendant of the Chippewas of 
Lake Superior or any other Indian tribe residing within this state, 
and not upon any Indian reservation, who shall make and sub- 
scribe to an oath before the clerk of the circuit court or his dep- 
uty of the county where such person resides that he is not a 
member of any Indian tribe, and has no claim upon the United 
States for aid and assistance from any appropriation made by con- 



DISTRICTS— VOTERS. 59 

gress for the benefit of Indians, and that he thereby relinquishes 
all tribal relations, and all right to claim or receive such aid, shall 
be entitled, on such oath being filed and recorded, to vote at all 
elections held in this state, if he is otherwise qualified. The oath 
so taken, on being corroborateu as to the residence and tribal rela- 
tions of such person by the affidavit of a qualified elector, shall be 
filed in the office of the clerk before whom it was taken and re- 
corded by him in a book to be provided for that purpose, upon such 
person paying to said clerk the sum of one dollar. 

Every person convicted of bribery shall be excluded from the 
right of suffrage, unless restored to civil rights; and no person who 
shall have made or become directly or indirectly interested in any 
debt or wager, depending upon the result of any election, at which 
he shall offer to vote, shall be permitted to vote at such election. 

Women may vote. Section 428a. Every woman who is a citizen 
of this state, of the age of twenty-one years or upwards, except 
paupers, persons under guardianship and persons otherwise ex- 
cluded by section 2 of article 3 of the constitution of Wisconsin, 
who has resided in the state one year, and in the election 
district where she offers to vote, thirty days next preceding any 
election pertaining to any school matters, shall have a right to 
vote at such election. (1899 c. 233) 

By this law all voters at school district meetings, either an- 
nual or special, are required to reside at least thirty days in the 
district previous to the date of the school meeting. This is a 
radical change in the election law and should receive especial at- 
tention in order that difficult and annoying questions may not 
arise in the management of school district matters. 

The above section does not confer upon women the unlimited 
right of suffrage, but it does confer upon them the right to vote 
upon any and all questions that can be legally considered at any 
regularly called annual or special school district meeting. • The 
words '"any election pertaining to school matters" renders the lim- 
itation to the privilege conferred by the section manifest. 71 
Wis., 239, 251; 75 Wis., 543; and chapter 285, laws of 1901. "An 
election to determine whether a city shall issue bonds for the 
purpose of building a schoolhouse is an election pertaining to 
school matters within the meaning of chapter 211, laws of 1885." 
128 Wis., p. 132. 

Section 69. In determining the question of residence as a qual- 
ification to vote, the following lules, so far as applicable, shall gov- 
ern, and if a person offering to vote be challenged as unqualified 
on the ground of residence, the inspector shall admonish him of 
such rules and put to him such further questions as shall be 
proper to elicit the facts in respect thereto, namely: 

First. — ^As prescribed in the constitution, no person shall be 
deemed to have lost his residence in this state by reason of his 
absence on business of the United States, or this state; and no 
soldier, seaman or marine, in the army or navy of the United 
States, shall be deemed a resident of this state in consequence of 
being stationed within the same. 

Second. — That place shall be considered and held to be the resi- 
dence of a person, in which his habitation is fixed without any 
present intention of removing therefrom and to which, whenever 
he is absent, he has the intention of returning. 

Third. — A person shall not be considered or held to have lost 



60 SCHOOL LAWS OF WISCONSIN. 

his residence, who shall leave his home and go into another state, 
or county, town, or ward of this state, for temporary purposes 
merely, with an intention of returning. 

Fourth. — A person shall not be consiaered to have gained a resi- 
dence in any town, ward, or village of this state into which he 
shall have come for temporary purposes merely. 

Fifth. — If a person remove to anorner scd,Lt; with an intention 
to maKe it his permanent residence, he shall be considered and 
held to have lost his residence in this state. 

Sixth. — If a person remove to anotner state with the intention 
of remaining tnere tor an indefinite time, and as a place of pres- 
ent residence, he shall be considered and held to have lost his 
residence in this state, notwithstanding he may entertain an in- 
tention to return at some future perioa. 

Seventh. — The place where a married man's family resides shall 
generally be considered and held to be his residence, but if it is 
a place of temporai'y estaolisnment for his family or for tran- 
sient objects, it shall be otherwise. 

Eighth. — If a married man has his family fixed in one place, 
and ne does his business in another, the former shall be consid- 
ered and held to be his place of residence. 

Ninth. — The mere intention to acquire a new residence without 
the fact of removal, shall avail nothing; neither shall the fact 
of removal without intention. 

Tenth. — if a person shall go into another state, and while there 
exercise the right of a citizen Dy voting, he shall be considered 
aua held to have lost his residence in tnis state. 

Eleventh. — No person shall be deemed to have gained a resi- 
dence in any town, ward or village in tnis state, so as to entitle 
him to vote at any election therein, by remaining in such town, 
ward or village as a pauper supported by the town, village or 
county in which he shall be living at the time of such election; 
and no person shall be deemed to have lost his residence in any 
town, ward or village, by remaining in any other town, ward or 
village as such pauper. 

. Twelfth. — If an unmarried person sleeps in one ward and boards 
in another, the place where he sleeps shall be considered his resi- 
dence. 

Thirteenth. — If an unmarried person be employed on a railroad, 
boat or stage line and boards at different places, if one of those 
places be with his parents, that place shall be considered his resi- 
dence unless, he has, by registering to vote elsewhere or by per- 
formance of some other kiiidied act elected some other place as 
his residence. If he has no parents and has not registered at any 
other place, he shall be asked: Do you consider this your place 
of residence, and have you so considered it for the past ten days 
in preference to any other place? If he answers in the affirmative 
he shall be entitled to all the privileges and be subject to all of 
the duties of other citizens in such place in the matter of voting, 
jury service, poll taxes and assessments for taxes. 

Fourteenth. — Each inmate of any national or state home for sol- 
diers in this state shall be deemed to reside in the town, city or 
village in which said home shall be located and in the election 
district in which he shall sleep. 

Section 428a, (as amended by chapter 285, laws of 1901). 
Every woman who is a citizen of this state, of the age of twenty- 
one years or upwards (except paupers, persons under guardian- 



DISTRICTS— VOTERS. 61 

ship, and persons otherwise excluded by section two of article 
three of the constitution of Wisconsin), who has resided within 
the state one year, and in the election district where she offers 
to vote, ten (thirty) days next preceding any election pertaining 
to school matters, shall have a right to vote at such election. 
Separate ballot boxes shall be furnished at every election pre- 
cinct in this state at every primary, general, municipal or special 
election far the use of women desiring to vote on said school 
matters, and separate ballots shall also be provided at said elec- 
tions for the use of said women. 

This chapter evidently extends the privilege to vote for school 
officers at general and municipal elections, as well as at school 
district elections, and under the same conditions regarding age 
and residence that are imposed upon male citizens. Women may 
vote upon the question of bonding a city for the purpose of erect- 
ing school buildings. 

Proceedings on challenge. Section 429. If any person offering 
to vote at a school district meeting shall be challenged as uijquali- 
fied by any legal voter in such district the chairman presiding at 
such meeting shall declare to the person challenged the qualifi- 
cations of a voter; and if such person shall declare that he is a 
vjLer ar.d if such challenge shall not be withdrawn the chairman 
shall tender him the following oath or affirmation: You do sol- 
emnly swear (or affirm, as the case may be) that you are an 
actual resident of this school district and that you are qualified 
according to law to vote at this meeting. And every person tak- 
ing such oath or affirmation shall be permitted to vote on all ques- 
tions proposed at such meeting; and if the person shall refuse 
to take such oath or affirmation his vote shall be rejected. 

The questions whiili may be asked by inspectors of. elections of 
peiTsons whose votes are challenged, and the rules for determining 
the legal qualifications of electors are given in sections 68 and 69, 
of the Wiscosin statutes, and are printed here for convenience. 
The chairman of a district meeting can not, like an inspector of 
elections, require the person challenged to answer the questions 
under oath. 

Section 68. Each inspector shall, and any elector may, chal- 
lenge every person offering to vote whom he shall know or sus- 
pect not to be duly qualified as an elector. If such a person is 
challenged as unqualified one of the inspectors shall tender to 
him the following oath or affirmation: You do solemnly swear (or 
affirm) that you will fully and truly answer all such questions 
as shall be put to you touching your place of residence and quali- 
fications as an elector of this election; and shall thereupon put 
questions as follows: 

First: If a person be challenged as unqualified on the ground 
that he is not a citizen and has not declared his intention to be- 
come a citizen: 

1. Are you a citizen of the United States? If no, then — 

2. Have you declared your intention to become a citizen of the 
United States conformably to the laws of the United States? 



62 SCHOOL LAWS OF WISCONSIN. i 

3. When and where did you declare your Intention to become 
a citizen of the United States? 

Second. If the person he challenged as unqualified on the 
ground that he has not resided in this state for one year immedi- 
ately preceding the election: 

1. How long have you resided in this state immediately preced- 
ing this election? 

2. Have you been absent from this state within the year imme- 
diately preceding this election? If yes, then — 

3. When you left, did you leave for a temporary purpose, with 
the design of returning, or for the purpose of remaining away? 

4. What state or territory did you regard as your home while 
absent? 

5. Did you, while absent, vote in any other state or territory? 
Third. If the person be challenged as unqualified on the ground 

that he is not a resident of the town, ward or village where he 
offers his vote: 

1. When did you last come into this town, ward or village? 

2. Did you come for a temporary purpose merely, or for the pur- 
pose of making it your home? 

3. Did you come into this town, ward or village for the purpose 
of voting therein? 

4. Are you now and have you been for the last ten (thirty days 
in the case of school district meetings) days an actual resident 
of this town, ward or village, and what is the particular descrip- 
tion, name and location of your residence? 

5. Have you registered to vote at this election at any other place 
within this state? 

Fourth. If the person be challenged as unqualified on the ground 
that he is not twenty-one years of age: Are you twenty-one years 
of age to the best of your knowledge and belief? 

Fifth. If the person be challenged as unqualified on the ground 
that he has made or become directly or indirectly interested in any 
bet or wager depending upon the result of such election: 

1. Have you made in any manner any bet or wager depending 
upon the result of this election, or on the election of any person 
for whom votes may be cast at this election? 

2. Are you in any manner, directly or indirectly, interested in 
any bet or wager depending in any way whatever upon the result 
of this election? 

Sixth. If the person be challenged as unqualified on the ground 
that he has been convicted of treason, felony or bribery and not 
subsequently restored to civil rights: 

1. Have you been tried or convicted in this state of any crime? 
If yes — 

2. Of what crime, when and in what court were you so convicted? 

3. Have you in any manner since such conviction been restored 
to civil rights, and if yes, how? 

Seventh. If the person be challenged as unqualified on the 
ground that he has been engaged, directly or indirectly, in a duel, 
either as principal or accessory: 

1. Have you. ever been engaged in any duel, directly or indirectly, 
either as principal or as a second, or in counseling or aiding either 
principal or second in a duel? And if yes, then— 

2. When and where, and had you before that time been an in- 
habitant of this state? 

Eighth. If the person be challenged as unqualified on the ground 
that he is a person of Indian descent, a member of an Indian tribe 
or an uncivilized Indian: 

1, Are yoii a person of Indian descent? 



POWERS OF ELECTORS. 63 

2. Of what tribe or nation are you a descendent? 

o. Are you now a member of any Indian tribe? 

4. Have you received any annuity from the United States or any 
agent thereof, or shared in any, and, if so, when did you last so 
receive or share in any? 

The inspectors, or one of them, sliall put such other questions to 
the person challenged as may be necessary to test his qualification 
as an elector at such election. 



POWERS OF DISTRICTS. 

Powers of meeting. Section 43 0. The inhabitants of any school 
district qualified by law to vote at a school district meeting 
when assembled at the first and at each annual meeting in their 
district or at any adjournment thereof in their district shall have 
power: 

1. To appoint a chairman for the time being, and in the absence 

of the clerk to appoint some person to act in his stead, and the 

person so appointed shall certify the proceedings of such meeting 

to the district clerk, who shall enter the same in the records of 

the district and file and preserve the certificate of such temporary 

clerk. 

When the inhabitants of a district are assembled at any regularly 
called meeting, it is competent for any elector to call the meeting 
to order, to nominate, or to ask some one to nominate a chairman, 
and to put the question and declare the result. If the director of 
the district be present, it is proper for him to do this. If the dis- 
trict clerk be not present the chairman will announce the fact and 
ask that a clerk be appointed pro tempoie. The meeting will be 
governed by the common rules of deliberative assemblies. The 
chairman should be an elector and is entitled to vote on all ques- 
tions, but can not vote twice in order to break a tie vote. An- 
other ballot must be taken. 

2. To adjourn from time to time as occasion may "require. 

The statute — ^section 426 — provides that when an annual meeting 
is adjourned for more than one month, notice shall be given of the 
time and place of holding such meeting in the same manner that 
notice of the original meeting was given. It is a good plan to 
adjourn annual meetings from time to time in most cases where 
a new building is to be erected or a site purchased. 

3. To choose a director, treasurer and clerk. The election of 
all officers shall be by ballot and a majority of all the votes cast 
shall be necessary for a choice. 

The electors must hold strictly to these requirements. The vote 
for officers rrnist be by ballot. 

Note. — For the law providing for a school board of seven mem- 
bers see sections 493a and 493b. 

4. To designate a site for a district schoolhouse. 

Every schoolhouse site should contain at least one acre of land; 
should be described by the government survey; should be easily aQ» 



64 SCHOOL LAWS OF WISCONSIN. : 

cessible to all parts of the district. A dry, sheltered spot should 
be chosen, well drained. A schoolhouse should never be placed on 
low or marshy ground, near a stagnant pool, or in the midst of 
distracting or unhealthful surroundings. The site designated 
hereafter must be on a nublic highway. (See section 477 as 
amended by chapter 488, laws of 1911, and see also chapter 318, 
laws of 1909.) 

It is quite proper, but not necessary, to designate a site before 
voting a tax to build the schoolhouse: neither is it necessary that 
the site should be designated before levying a tax to pay for the 
same. If the tax deemed sufficient is afterwards found to be too 
small, an additional tax may be voted; and, if too much is raised, 
the electors may appropriate the same to any object for which they 
can legally raise a tax. The exuense of investigating the title and 
of recording the deed may legally be included in the tax for a site. 
Although the law authorizes the leasing of a site, it does not per- 
mit the district to contract a nermanent debt for future rent. Land 
for a site is sometimes held under a lease granting It for a con- 
sideration, paid in advance, for so long a time as the same may be 
used for the purpose of a public school. It is always advisable that 
the district should ovm the site. 

Sections 477 — 484 prescribe the course to be pursued when, for 
any reason, the district is unable to obtain the site that has been 
chnsen according to law. 

Where a schoolhouse is erected upon leased ground, the district 
may remove the same at any time previous to the expiration of 
the lease r7 Bart.; N.,Y. R., 266.) 

A clear title to a schoolhouse site ought always to be secured, 
and where land chosen for this purpose is a part of a mortgaged 
tract, a release should be obtained, if possible, before erecting a 
schoolhouse thereon. 

5. To vote such tax as the meeting shall deem sufBcient to 
purchase or lease a suitable" site for a schoolhouse, to build, hire, 
or purchase a schoolhouse and to keep in repair and furnish 
the same with the necessary fuel and appendages; provided, that 
no district containing a population of less than two hundred and 
fifty inhabitants shall have power to levy and collect a tax for 
building, hiring or purchasing a schoolhouse of more than six hun- 
dred dollars in any one year, unless the town board of the town in 
which such schoolhouse is to be situated shall certify in writing 
that in their opinion a larger sum should be raised, specifying 
such sum, in which case an amount not exceeding the sum speci- 
fied may be raised; provided, further, that no district containing 
a population of less than one thousand inhabitants may have pow- 
er to raise and collect in any one year, for the purposes above 
specified, more than one thousand dollars, unless the town board 
shall certify as above set forth. 

Although a tax may be levied before a title has been acquired, yet 
the district board should not part with the money before a convey- 
ance of the site has been made. 

A district meeting may vote a tax for a fence, sidewalks, sep- 
arate privies for the two sexes, woodhouse, stoves, stovepipe, and 
bell, as these are held to be necessary appendages. (See section 
435a.) 



POWERS OF ELECTORS. 



65 



Money may also be raised to pay for the insurance of the school- 
louse. The schoolhouse can now be insured in those companies 
that require a note for part of the premium. All taxes voted must 
be for specific and legal oI)jects and the specific amount raised for 
each of the several objects for which the tax is levied should be 
stated in the resolution passed by the meeting, in order that the 
district and the board may know the precise extent of their liabil- 
ity and authority. 

A district has power to vote a tax to enlarge a schoolhouse not- 
withstanding it may have cost all that said district is by law au- 
thorized to raise in any one year, and the tax for such enlarge- 
ment does not require the consent of the town supervisors thereto 
The amount received from the sale of the old schoolhouse may be 
added to the amount aurhorized by law to be raised for building 
in any one year, and expended for the new building. 

See section 496p— 1. under free high schools which gives the elec- 
tors of a town free high school district and the electors of an ordi- 
nary school district power to authorize their respective boards to 
unite m erecting a building to accommodate both districts. 

6. To vote such tax as the meeting shall deem proper for the 
payment of teachers' wages in the district; provided, that for such 
purposes, in all school districts having an average attendance at 
school for the year of fifteen scholars or less, not more than three 
hundred and fifty dollars shall be raised in any one year; in all 
school districts having an average attendance of not more than 
thirty nor less than fifteen scholars, not more than four hundred 
and fifty dollars shall be raised in any one year; and ir. all school 
districts having an average attendance of not more than forty 
nor less than thirty scholars, not more than five hundred and fifty 
dollars shall be raised in any one year. 

The constitution provides that the income of the school fund shall 
be applied to the support and maintenance of common schools, in 
each school district, and the purchase of suitable libraries and' ap- 
paratus therefor; while section 55S provides that the money re- 
ceived by each district from the income of the school- fund shall 
be devoted exclusively to the payment of teachers' wages. Whether 
these apparently conflicting provisions can be reconciled or not, 
it is certain that the legislature here requires that districts shall 
pay each year, for teachers' wages, an amount equal to that re- 
ceived from the income of the school fund. The limitations of this 
section apply to the amount that may be raised for this purpose 
by taxation, exclusive of the amount received from the school fund 
income. Chapter 102, laws of 1911, (section 495) provides that 
tne electors may determine the amount needed to carry on the high 
school if there is one in the district. (See section 495, under free 
high schools.) 

7. To authorize and direct the sale of any schoolhouse, site 
or other property belonging to the district when the same shall be 
no longer needed for the use of the district. 

The district should determine the conditions of the sale for which 
this section provides, if it desires to control the contract which Its 
board is alone competent to make. 

5— S. L. 



66 SCHOOL LAWS OP WISCONSIN. 

7a. To levy a tax for the purpose of paying to any surety or 
bonding company the fee or consideration necessary to secure a 
bond indemnifying the district against any loss of moneys belong- 
ing to the district in the hands of the school district treasurer. 
(WOl c. SI) 

The electors assembled at any annual or special school meeting 
are authorized to levy a tax for the purpose of paying the fee neces- 
sary to secure a bond for the district treasurer in cases vv^here said 
bond is secured from some surety or bonding company. It does not 
provide any fee whatever in cases where the treasurer secures his 
own bondsmen from among his friends in or out of the district. 

8. To impose such a tax as may be necessary to discharge any 
debts or liabilities of the district lawfully incurred. 

9. To vote a tax not exceeding seventy- live dollars in any one 
year for the purchase of maps, blackboards and school apparatus. 

See also section 436 as amended by chapter 39, laws of 1907. 

Boards should be guided in the purchase of school appliances by 
the judgment of competent teachers, and that of disinterested per- 
sons who have some acquaintance with the teachers' needs. Thous- 
ands of dollars are doubtless expended annually in this state for 
apparatus that is practically worthless in the school room while the 
most necessary helps are entirely wanting or in such poor condi- 
tion as to be useless. 

10. To vote a tax not exceeding one hundred dollars in any one 
year for a district library, consisting of such books as they may 
direct their district board, at a district meeting, to purchase, said 
books to be selected under the advice of the state superintendent; 
provided, that any school district having less than two hundred 
children of school age shall not vote a tax exeeding fifty dollars 
in any one year for such library; and that no district containing 
a population of less than two hundred and fifty inhabitants shall 
have power to levy and collect a tax of more than five hundred 
dollars in any one year for any purpose other than for the purposes 
prescribed in the fifth subdivision of this section, and for the pay- 
ment of the principal and interest of any loan due the state. 

Comments on the legislation relating to township and district 
libraries will be found under sections 485 — 486a and 486d. See 
Township Libraries. 

11. To authorize the district board to borrow money as pro- 
vided elsewhere in these statutes. 

Read what is written under head of "Borrowing Money," section 
474 and beyond. 

12. To authorize the district board to admit to the privileges 
of the school persons over twenty years of age and persons not 
residing in the district, whenever such admission will not inter- 
fere with the accommodation or instruction of the scholars reside 



POWERS OF ELECTORS. 67 

iiig therein, and to fix a fee for tuition per term, quarter or year 
to be charged to the persons thus admitted. 

(See section 435m.) 

By this clause the district is empowered to determine whether the 
persons named shall be admitted to the privileges of the school. 
Where the district fails to instruct the board in this matter, the 
board shall determine the fact and the rule under the general pow- 
ers conferred upon district officers by the statutes. 

It is sometimes difficult for district; boards to determine the lia- 
bility of inhabitants for the tuition of persons in their employment 
or under their protection. The general rule is that a minor's resi- 
dence is with his parents or parent while they or either of them is 
alive and maintains a home. An orphan without a guardian takes 
his residence with him. While it is not right to allow nonresi- 
dents and persons over twenty to overcrowd and so impair the effi- 
ciency of the school, it is well to remember that the constant pur- 
pose of the state in the establishment and maintenance of public 
schools is to disseminate as widely as possible the advantages of 
a common school education. 

That provision of the state constitution which requires that "such 
schools shall be free and without charge for tuition to all children 
between the ages of four and twenty years," implies that every 
child of school age is entitled to free tuition somewhere. This 
manifest purpose of the state to extend the advantages of a com- 
mon school education to all children within her borders, should lead 
school districts to exercise the au+hority to charge or to remit tui- 
tion with which the law vests them in a spirit of liberality toward 
those children that are compelled by parental neglect to seek the 
eouipment that the schools furnish beyond the limits of the home 
district. 

The supreme court of the state (74 Wis., page 48) laid down the 
rule that a child is entitled to free tuition in a district in w^hich he 
is residing for other, as a main purpose, than to participate in the 
advantages which the school affords. It will be seen that the de- 
cision guards carefully against the interpretation of the law which 
would require districts to furnish tuition to those pupils who are in 
the district for the purpose of availing themselves of its superior 
school advantages. See also .59 Conn., 489. 

The district board has no authority to admit nonresident chil- 
dren into the school contrary to the vote of the district, nor has it 
authority to exclude them after the district has voted to admit 
them. It is the duty of the board, in this matter, to carry into ef- 
fect the instructions of the district. 

Section 435m makes provisions for the attendance of nonresident 
children in certain cases even though the electors and members 
of the school board may not be in favor of admitting them. This 
section also fixes the amount of tuition that may be collected on ac- 
count of such nonresident attendance when certain conditions are 
complied with, when the stated conditions are not fulfilled, the 
parent" or guardian of the children becomes responsible for tuition. 

It Avill be seen that the board has power under section 439 to 
admit persons between twenty and thirty years of age to the schools 
in certain cases. This power is commented upon in the proper 
place. 

The teacher has no authority in the matter of admitting or ex- 
cluding nonresidents, ])ut will be governed by the instructions of 
the board. 



68 SCHOOL LAWS OF WISCONSIN. 

13. To authorize the district board to purchase' textbooks for 

use in the public schools, to be loaned or furnished pupils under 

such conditions as, by such vote and regulations of the board 

thereunder, may be prescribed. 

Section 440 requires school district boards to determine what 
books shall be used in their respective districts, and section 430b 
provides that the question of furnishing free textbooks shall be 
submitted to every annual school district meeting. Wliile the 
board has power to adopt, it has no power to purchase text- 
books, unless authorized to do so by the district at its annual meet- 
ing. Books that have been adopted must be retained for at least 
three years; but boards cannot bind their districts to purchase 
these books at a fixed rate, or of a given house for more than one 
year. 16 Wis., 336. 

14. To determine the length of time a school shall be taught 
in their district the then ensuing year, which shall not be less 
than eight months, but if such matter shall not be determined 
at the annual meeting the district board shall determine the same. 
(1901 c. 11) 

A school must be taught one hundred and sixty days to meet the 
requirements of the law in regard to the apportionment of school 
money. This number includes legal holidays, viz.: New Year's 
day, the twenty second of February, the thirtieth day of May (Me- 
morial Day), the Fourth of July, Labor Day and Christmas, to- 
gether with days of fasting or thanksgiving appointed by state or 
national authority. 

In order that holidays may be legally counted as part of the term, 
they must occur during the time school is in session, and not dur- 
ing any vacation period. 

It should be borne in mind that a district, at a special meeting, 
cannot rescind a resolution passed at an annual meeting or set 
aside the action of a district board when rights have been acquired 
by third parties by virtue of such resolution or such action. 

Sub-sections 1.5 and 16 were repealed by chapter 502, laws of 1909, 
which in turn has been modified by chapter 618, laws of 1911. This 
law relates to the transportation of pupils. See 430 — 1 to 430 — 8 
inclusive and also 496q, 496r, 496s and 496t. 

17. To give such direction and make such provision as may 

be necessary in relation to the prosecution or defense of any 

action or proceeding in which the district may be a party or may 

be interested. 

The district may appoint any suitable person to represent it in a 
suit; but in the absence of such appointment, the director is con- 
stituted the representative of the district in all suits. See sec- 
tion 442 and the comment thereon. 

18. At the annual meeting only, to vote a tax to compensate 
the clerk, treasurer and director, which in districts supporting 
graded and high schools shall be such sums as may be voted, and 
in other districts not more than ten nor less than five dollars for 
each or any of the above officers. (1901 c. 184) 



POWERS OP ELECTORS— TRANSPORTATION. 69 

This chapter authorizes the electors of any school district to 
compensate the treasurer and director, as well as the clerk, of the 
school board. If the electors desire to vote a compensation to these 
officers for services rendered it must be voted at the annual meet- 
ing at the commencement of the year. When compensation is not 
voted by the electors the officers serve without pay and the sum 
voted to each officer must be definitely stated. The amounts need 
not be the same. 

19. To alter or modify the [theirj proceedings as occasion may 
require. 

The power to repeal proceedings cannot be exercised after they 
have been carried into effect, and rights have been acquired under 
them. When the district board has made a contract under author- 
ity of the district, the repeal of the resolution authorizing such con- 
tract will not abrogate the contract. 

A district can repeal a resolution to raise a tax at any time be- 
fore the warrant to collect the tax is handed to the collector; but 
this power cannot be exercised after part of the tax has been col- 
lected (Gale vs. Mead, 4 Hill; Smith vs. Dillingham, 4 Barbour). 
When it is thought advisable to repeal a resolution it should be 
done in express terms and not by implication. 

Officers elected at an annual meeting cannot be displaced by re- 
considering or rescinding former proceedings at an adjourned meet- 
ing. When an election has been held in due form, the elective power 
of the district is exhausted, and the officers chosen at the annual 
meeting are the legal officers of the district, until by death, resigna- 
tion, removal irom the district, expiration of term, refusal to serve, 
or removal from office, a vacancy occurs proper to be filled by elec- 
tion or appointment. And when a person entitled to hold office has 
been elected, and has not refused to serve, there is no power to take 
it from him or to debar him from assuming its duties. 

This statute was designed to supplement clause 13 of section 430. 

Additional powers; suspend school. Section 430 — 1. The elec- 
tors of any school district shall have power at any annual or spe- 
cial school district meeting to order the district board to suspend 
the district school for such length of time as said electors may 
determine to be to the best interests and advantage of the pupils 
residing in said district and to authorize the district board to make 
all necessary contracts in behalf of the district suspending the 
school for payment of tuition of such pupils to another school or 
to other schools conveniently located. 

Transportation. Section 430 — 2. The electors shall also have 
power to order the board to provide for transportation of any or 
all pupils residing in the district to and from the school in their 
district or to and from the school or schools with which contracts 
for tuition are made. 

Tax to be provided. Section 430 — 3. In all cases where the 
electors have voted to suspend the school in their district or have 
directed the board to pay for tuition or for transportation thoy 



70 SCHOOL LAWS OF WISCONSIN. 

shall provide by tax upon the district, a sum sufficient to meet the 
cost of the tuition or the transportation or both; provided that if 
any district at its annual or at a subsequent special meeting prior 
to the third Monday of November following shall not vote a tax 
sufficient to pay tor tuition or transportation or both for the time 
during which the school is suspended, the district board, on or 
before the Wednesday next following said third Monday of Novem- 
ber, shall determine the sum necessary to pay for tuition or trans- 
portation or both, as the case may be, and the district clerk shail 
at once ceitify to the town clerk the amount so fixed and the 
town clerk shall assess said amount as other district taxes are as- 
sessed. (1909 c. 502) 

Agreement Avith parent; state aid. Section 430—4. It shall 
also be lawful for the electors of any school district to authorize 
the school board or town board of school directors to enter into 
an agreement with the parent, guardian or other person in charge 
of any pupil to compensate such parent, guardian or other person 
for transportation or providing for the transportation of any 
pupil or pupils to and from school, and to enter into con- 
tracts for the transportation to and from school of all per- 
sons of school age who attend, and to levy a tax therefor; 
provided, that in all cases where the distance from the home of 
the pupil or pupils, who are to be transported, is two miles or less 
by the nearest traveled highway, the sum per pupil so paid shall 
be such as may be authorized by the electors, and In all cases 
where the distance is more than two miles the state may be call- 
ed upon to pay five cents per day for each such pupil transported 
regularly to and from school in some reasonable and comfortable 
manner for a period of not less than five months. The school board 
or the town board of school directors and the principal teacher 
of the school in which such pupil is enrolled shall, on or before 
the fifteenth day of July of each year, make under oath a report 
giving the name of each pupil transported more than two miles, 
the number of days such pupil was transported, the mode of trans- 
portation and the total amount claimed by the district on account 
of all pupils residing more than two miles from school, for whom 
transportation or transportation and tuition have been paid. 
(As amended by chapter 618—1911; for the remainder of the chapter 
see section 496q, 496r and 496s.) 

Amount to be paid. Section 43 0—5. Upon receipt of such re- 
port the state superintendent shall certify to the secretary of sta;:e 
the amount due such district and the secretary of state shall there- 
upon issue a warrant in favor of such district for such amount 



ELECTORS— VILLAGES— CITIES FOURTH CLASS. 71 

which shall be paid by the state treasuier to the treasurer of the 
district from the school funds provided for by section 10 72a of 
the statutes. (lUilD c. 30.1) 

Notices. Section 43 — 6. It shall be the duty of the clerk of 
the school district board to embody in the notice of every annual 
or special school district meeting at which any or all of the above 
matters are to be considered, a statement to that effect and said 
notices shall be posted, or posted and served, as provided for in 
sections 425, 426 and 427 of the statutes of 1898. (1009 c. 502) 

Limit of contract. Section 430 — 7. No contract or agreement 
shall be made under this act that shall bind any district for more 
than three years. (190i) c. 502) 

Application to toAvnship system. Section 430 — 8. WheneTer 
the term "electors" or "board" or "district board" or "district" 
occurs in this chapter it shall apply with equal force to "electors 
of a town or towns," or "town boards of school directors" in towns 
operating under the township system of school govei'nment. (1909 
c. 502) 

Limitation of taxes. Section 430a. The total amount of school 

district tax hereafter levied in any schcol district in this state 

in any one year for building, hiring or purchasing any school 

ft 
building, and for the maintenance of schools, including teachers' 

wages and incidental expenses, shall not exceed two per cent 

of the total assessed valuation of taxable property in such school 

district for the preceding year. (1D03 part of c. 'jSO) 

Election of school officers in village, or city of fourth class. Sec- 
tion 430a — 1. (1) Whenever a petition requesting that an 
election of school district officers shall be conducted after the 
manner of voting for village or city officers, signed by not less 
than twelve qualified voters of any school district in which the 
school officers are elected by the people, and which contains whol- 
ly or partly within its limits an incorporated village or city of the 
fourth class, is presented to the clerk of such district he shall at 
least six days before the time fixed by law for the annual school 
district meeting, post or cause to be posted in at least six of the 
most public places in the district, notices giving the manner of hold- 
ing and conducting such election. 

Where held. (2) The election of school district officers shall be 
held in some convenient room in the district school building, and 
if there are two or more school buildings in such district, the no- 
tice shall specify in which building the election shall be held, and 
if the notice does not so specify it shall be understood that the 



72 SCHOOL LAWS OF WISCONSIN. 

building in which the last annual school meeting was held shall 
be the building designated. 

To be by ballot. (3) The election of officers shall be by ballot, 
and suitable ballot boxes shall be provided therefor. The polls 
shall be opened at three o'clock in the afternoon of the day fixed 
by law for holding the annual school district meeting, and shall be 
closed at seven o'clock of the same day. The time of opening and 
closing the polls, as well as the place of holding the election, shall 
be specified in the notice of such meeting, but a failure to so speci- 
fy the time of opening and closing the polls and designating the 
place shall not vitiate such election. 

Inspectors. (4) The mayor of the' city or the president of the 
village or board of trustees, as the case may be, shall appoint not 
more than five persons who shall act as inspectors and clerks of 
this election and who shall make and keep a list of all the electors, 
men and women, voting at such election. 

Ballots counted, and cared for. (5) Immediately after the polls 
are closed and the ballots counted, the result shall be declared, 
and all ballots, as soon as counted, shall be sealed in the ballot box 
and be kept in the custody of the village clerk or the city clerk, as 
the case may be, for sixty days. As soon as the result bf the elec- 
tion is announced, the electors shall organize and conduct the regu- 
lar and usual business, other than the election of officers, authoriz- 
ed to be done at annual school district meetings. 

Challenge. (6) The privilege of challenging any person as to his 
or her right to vote at such election shall not be prohibited or re- 
stricted. , , . ^ V , V ^^!ii 



Compensation. ( 7 ) The amount of compensation paid to the in- 
spectors and clerks of this election shall be one dollar for each 
such inspector and clerk engaged and acting in conducting this 
election, said compensation to be paid from any funds in the treas- 
ury of the school district not otherwise appropriated (1909 c. 351) 

Vote on free textbooks. Section 43 0b. At the annual meeting 
the' question of providing free textbooks for the use of all pupils 
attending the schools in the district and levying a tax sufficient to 
meet the expense of furnishing free textbooks for the use' of such 
pupils shill be submitted to the legal voters present at such meet- 
ing and a vote taken thereon. The chairman shall direct the vote 
to be taken before entertaining a motion to adjourn sine die, and 
upon den^and of any five legal voters present the vote shall be tak- 
en by ballet if a written resolution upon the question to be sub- 



KINDERGARTENS— ACCOUNTS OF BOARDS AUDITED. 73 

mitted, and the ballot of those favoring the resolution submitted 
shall have thereon the word "yes," and of those opposing the word 
"no." 

This statute was designed to supplement clause 13 of section 430. 

Kindergartens. Section 430c. In any school district under the 
supervision of the county superintendent in which a high school or 
a graded school having more than two departments is maintained 
the question of establishing and maintaining by the le-vy of a tax 
therefor as many kindergartens as will be required to accommo- 
date the children of such districts between the ages- of four and 
six years, allowing forty pupils to each kindergarten, may be sub- 
mitted at the annual meeting to the legal voters present and a 
vote taken thereon as in the case of a vote on free textbooks. 
(1899 c. 298) 

Board to estimate cost. Section 430d. The board of education 
in any city of the third or fourth class whether organized under the 
general law or special charter, at the time of certifying to the city 
clerk its yearly estimate of the expenses of the public schools under 
its charge shall certify also separately an estimate of the cost for 
the school year of as many kindergartens as will in their judg- 
ment be required for the accommodation of the children of said 
city between the ages of four and six years. The council shall 
take action thereon. If the whole or a part of the estimate be ap- 
proved, the council shall make an appropriation of the amount 
approved by them for that purpose, which shall be in addition to 
the other funds appropriated for school purposes and shall be used 
only for the support of such kindergartens. (1899 c. 298) 

This chapter commends itself to those who are in favor of the es- 
tablishment of kindergarten departments, either in the country or 
in cities of the third and fourth classes. 

For legal qualifications of kindergarten teachers, see section 458g, 
458q, 4.58r, 458s, and 458t. 

Accounts of school boards to be examined. Section 430e. It 
shall be the duty of e-very school district in the state of Wisconsin 
at its annual meeting to appoint three competent persons who shall 
be voters in the district to examine all accounts, books, vouchers, 
moneys and property of whatsoever kind belonging to said district 
between the thirtieth day of June next following their appointment 
and the time of the next annual school meeting of said school dis- 
trict and report their findings in writing to the electors at the 
next annual meeting. (IDO-) c. IS) 

This law does not interfere with that part of section 42;!, W. S., 
which makes it the duty of the district board to meet on the Satur- 
day immediately preceding the annual meeting for the purpose of 
making a careful examination of the accounts of the treasurer and 



74 SCHOOL LAWS OF WISCONSIN. 

compiling a full and itemized report of all receipts and expendi- 
tures since the last annual meeting, of the amount in the hands 
of the treasurer, or the amount of the deficit for which the dis- 
trict is liable of the amount necessary to he raised hy taxes for 
the support of the school for the coming year and of the amount 
required to pay the interest or principal of any debt due or to be- 
come due during the year. These reports are to be submitted in 
writing at the annual meeting and the amount of money reported 
on hand at the beginning of the year must be exactly the same as 
the amount reported on hand at the close of the preceding year. 
Town clerks and county superintendents have heretofore found diffi- 
culty in compiling correct financial reports for the schools under 
their respective jurisdictions. It is hoped that by the operation 
of the law printed above correct reports may be obtained from each 
school district in the state. Over eleven millions of dollars are 
annually -expended in the management of the public schools and it 
is not unreasonable to require a strict accounting from each district 
for the sums annually received and expended in the management 
of its school affairs. 

Before the meeting proceeds to elect officers, the minutes of the 
last anrual meeting should be read, and those of such special meet- 
ings as have been held during the year. The reports of district of- 
ficers should also be presented, followed by the report of the com- 
mittee that examined the accounts. If the audit committee does 
not report, then the meeting may appoint a committee to examine 
the accounts of the board and report at once or at an adjourned 
meeting. The financial statements submitted should be accom- 
panied by vouchers for all moneys expended. Reports of officers 
should be spread upon the records, as papers that are merely filed 
are often lost. 

If a vacancy exists in the board from any other cause than the 
expiration of the incumbent's term, it is advisable that a resolu- 
tion be passed declaring that such vacancy exists, and stating the 
ground on which the meeting regards the office vacant. It is for 
the meeting to judge in the first instance whether a vacancy ex- 
ists, and although it may err in so declaring, the officer elected 
will be deemed an officer de facto, and his acts in relation to the 
public and third persons deemed valid, until his election is pro- 
nounced void by competent authority. 

If a mistake is made in stating the length of an unexpired 
term, the person elected will nevertheless serve to the end of the 
term, and no longer, as this matter is regulated by law, and not 
by the vote of the district. 

District officers may be elected at an adjourned annual meeting 
if such meeting be held within ten days after the time fixed by 
law for holding the annual meeting. A school district officer 
elected at an annual meeting cannot be displaced at an adjourned 
annual meeting. 

The manner of resignations of school officers is fixed by subdi- 
vision 8, section 981, statutes of 1S9S, in the following words: 
"Resignation by a school district officer shall be made to the dis- 
trict board." It is clear from this that a resignation made to the 
electors at an annual meeting is not the resignation contemplated 
by statute and therefore does not, without some other act of the 
officer, create a vacancy. 

Section 430f. Whenever any school district having a schoolhouse 
of one room only shall enroll and have in attendance therein for 
a period of more than twenty days during any one school term, sixty- 



DISTRICT MEETINGS- now CONDUCTL]D. 75 

live or more pupils it shall be the duty of the electors of said dis- 
trict at the next annual meeting to authorize the district board 
to make provision for an additional room and an additional teacher 
for the accommodation and instruction of said children. 

Failure to comply with this act shall cause the district to for- 
feit the right to share in the apportionment in that part of the 
public money which said district would otherwise receive from the 
seven-tenths mill tax as provided by law. (1911 c. 292) 

This law does not mean tnat school must be maintained in 
the additional room for the entire year but for the term only m 
which the enrollment is bsyond the limit. This will probably be 
the winter term. If the enrollment occurs for more than one 
term, a state graded school should be organized. The advantages 
of organizing a state graded school where the number of pupils 
enrolled is sixty-five cr more, are many and well worth while con- 
sidering. Read what is said under the head of "State Graded 
School," section 496d. 

Section 4 3 On. The electors of any school district having adopted 
the provisions of chapter 317, laws of 1899, as amended by chap- 
ter 205, laws of 1901 and chapter 421, laws of 190.5, may at any an- 
nual school meeting held in such school district vote to rescind the 
action of the electors of the district in adopting the provisions of 
this chapter, and to return to the district system of school govern- 
ment as provided in subsection 3, section 430; provided, that ten 
days' notice that such a question will be submitted to the electors of 
the city school district at the annual meeting, be given by posting 
five copies thereof in five different public places in such city school 
district. In case the electors shall vote to have a school board of 
three members, the director, clerk and treasurer then in office in 
such district shall continue in their respective offices during the full 
term for which they were elected, and thereafter their offices shall 
be filled in the manner prescribed by law. (1907 c. 5SSJ 

GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS. 

1. Elect a chairman (the person so elected may or may not be a 

member of the school board). 

2. If the district clerk is not present, appoint some one to act in 

his place. A full record of the proceedings of the meeting 
and the business transacted must appear upon the minutes. 

3. The minutes of the last annual and all intervening special 

meetings,, if any, should be read, corrected if necessary, and 
approved. 

4. The itemized reports of the members of the board giving the 

receipts and expenditures for the year ending June 30th 
should be read and acted upon. 

5. The report of the committee of three taxpayers appointed at 

the last annual meeting to examine the accounts of the 
school board should now be read. 

6. Determine the length of time school shall be taught during 

the ensuing year, which must not be less than eight months. 



76 ■ SCHOOL LAWS OF WISCONSIN. 

The graded schools desirous of sharing in the special state 
aid must maintain at least nine months of school. 

7. Vote to raise a tax for school purposes for the ensuing year. 

This tax should he sufficient to enable the board to purchase 
needed apparatus and supplies, and the question should be 
brought up by the board, discussed, and a conclusion 
reached as to the amount needed, at the board meeting on 
the Saturday before the annual meeting. (See section 425, 
School Code.) Any person has, however, the right to make 
a motion as to the amount that shall be levied. 

8. Appropriate the sums of money necessary for repairs to the 

school building, fences, out-houses, grounds, for additional 
furniture, for providing for heating and ventilation, repair- 
ing or placing new blackboards, etc., etc. The members of 
the school board should make it a point to be at the school- 
house in a body, half an hour or so before the time for open- 
ing the meeting. This time should be devoted to a careful 
examination of the condition of the buildings and grounds. 
This is also a good time to determine the cash valuation of 
the schoolhouse and the site. The books in the library (if 
they are still in the schoolhouse) should also be counted 
and examined, and the value of the apparatus estimated. 
This will enable the clerk to make a satisfactory statement 
in regard to these matters in his forthcoming report. 

9. If necessary levy a tax for the purpose of providing money for 

the purchase of maps, blackboards and school apparatus (see 
chapters 39 and 600, sections 436 and 560i, laws of 1907, 
found in this code). Expensive school apparatus should 
not as a rule be purchased. All kinds of apparatus pur- 
chased must have the approval of the county superintendent 
of schools or of the state superintendent. In the past some 
persons purporting to represent the state superintendent 
have persuaded school boards to purchase charts, etc., which 
are practically valueless to the school. School officers are 
agents of the district and should carefully avoid the im- 
position of traveling salesmen of this class. It must be dis- 
tinctly remembered that the state superintendent will give 
no agent a general recommendation for books, furniture, or 
apparatus of any kind. Any information relating to these 
things is only given upon receipt of requests made by school 
officers. Keep clearly in mind that any person purporting 
to represent the state superintendent in any way as an agent 
for school supplies of any kind is an imposter. His name, 
business, etc., should be reported to this office immediately 
upon his appearance in any district or his making an at- 
tempt to influence any school board to purchase his goods. 

10. A vote should be taken as to whether or not the district clerk, 

the district treasurer and the district director shall receive 
a salary for the coming year. A tax must be levied if the 
vote is favorable. The school district officers can not law- 
fully draw, countersign or pay an order upon the district 
treasury for the above purpose without having been first au- 
thorized to do so by majority vote of the electors. 

11. Elect officers to fill vacancies. This election must be by bal- 

lot. No other plan is legal. A majority (more than half 
the voters voting in the meeting) is necessary to an election. 

12. Appoint a committee of three taxpayers to examine the ac- 

counts of the school board between the 30th day of June 
next following their appointment and the nearest annual 
paeeting, this committee to report at said annual meeting. 



biSTRICT MEETINGS— HOW CONDUCTED. ft 

13. If necessary, vote to authorize the board to borrow money. 

The electors have authority to direct the board to borrow 
money from some bank or some individual or from the trust 
funds. If this matter is to be brought before the meeting, 
the directions under the head of "Borrowing Money," found 
in this code should be carefully read by all the school of- 
ficers and by other parties directly interested. Sections 
475, 476, 476a of this code should be carefully read and 
studied before the meeting is held. Read chapter 363, laws 
of 1911, sections 258d, 261, 263 and section 435 in order to 
determine the maximum amount that may be borrowed. 

14. Vote upon the question of authorizing the district board to 

admit to the privilege of the school, nonresident pupils and 
persons over twenty years of age. (See section 435m.) 

15. Fix a fee for tuition per week, month or term, to be charged 

for persons so admitted. If the electors do not decide this 
matter the duty devolves upon the board. The mnximum fee 
is one dollar per month for rural schools, and one dollar 
seventy-five cents for attendance upon state graded schools 
and grades below the high school. (See chapter 543, laws 
1911.) 

16. Vote upon the question of closing the district school for one 

or more terms or for the year and providing for tuition, or 
tuition and transportation to adjoining districts in accord- 
ance with chapter 618^ laws of 1911 (sections 430 — 1 to 
430—8 and 496q, r, s, and t.) ■ 

17. Vote to determine whether or not the school board shall be 

directed to close the school and provide transportation and 
tuition for all persons of school age who may attend a state 
graded school or the grades below the high school in some 
adjoining or convenient district. (The tuition of those who 
attend the high school may be paid by 'the town in which 
they reside.) Chapter 618, laws of 1911, section 496q, must 
be read and studied in this connection. Any district com- 
plying with the provisions of said chapter is entitled to re- 
ceive one hundred and fifty dollars of special aid from the 
state upon filing the proper application. 

18. Vote to determine whether or not the school board shall be 

authorized to enter into contracts with parents, guardians 
or other persons in charge of any pupil or pupils to com- 
pensate such parents or guardian for transporting any pupil 
or pupils to the school. The statute permits compensation 
to be paid to such parents or guardians in cases where the 
distance is more than two miles from the school. Upon a 
proper statement made to the state superintendent as re- 
quired by this act, a warrant may be drawn upon the state 
treasury for five cents per day for each day any child is 
transported under certain conditions. Read chapter 618, 
sections 430—4, 496q, 496r, and 496s, laws of 1911. 

19. Levy a tax to raise money for the payment of transportation 

or tuition in case advantage should be taken of any of the 
above provisions. 

20. Vote upon the question of furnishing free text books for your 

district. Section 440 empowers the school board to change 
textbooks, but unaer no circumstances must textbooks be 
changed, unless they have been in use for at least three 
years. 

21. Consider whether or not consolidation of school districts or of 

school interests in your neighborhood will be advantageous. 
Read chap. 649, laws 1911. (Sections 419b to 419h inclu- 
sive.) 



School laws of Wisconsin. 



22. Consider whether or not your school may be profitably organ- 

ized into a state graded school or in certain cases into a 
free high school. Section 430f. 

Read chapter 256, laws of 1905, if you have anything like 
sixty-five pupils enrolled in a one room school house. If a 
two department state graded school is established the dis- 
trict will be entitled to special aid to the amount of $200 
each year and if a three department school is established 
$300 will be paid annually. See chapter 289, laws of 1909. 
(Sections 496d to 4961 inclusive.) 

23. Entertain any other matter relating to the management of the 

affairs of the district. 

24. Adjourn sine die if the business of the district has been satis- 

factorily completed. If not satisfactorily completed, it will 
be well to adjourn to a near future day. By so doing the 
trouble of calling a special meeting will be avoided. As 
many adjournments as are necessary to complete the busi- 
ness of the district may be legally taken. 



DISTRICT OFFICERS 

Elections, terms and acceptance. Section 431. The officers of 
the district shall be a director, treasurer and clerk, who shall be 
residents of the district and hold their respective offices for three 
years and until their successors have been elected or appointed, 
but not beyond ten days beyond the expiration of their term of office 
without being again elected or appointed; provided, that at the first 
election of such officers in any newly organized district the clerk 
shall be chosen for one year, the treasurer for two years and the 
director for three years; and thereafter each officer shall be chosen 
for three years. Any person present at a meeting at which he shall 
be elected one of the board shall be deemed to be notified thereof; 
and any person so elected and not present shall be notified thereof 
by the clerk of said meeting within five days thereafter; and unless 
each person elected and notified shall within ten days after his elec- 
tion file with the clerk his refusal in writing to accept the office he 
shall be deemed to have accepted the same. 

See Forms Nos. 15 and 16. 

For law relating to school boards of seven members, see chap- 
ter 421, 1905, found under section 430 relating to powers of dis- 
tricts. 

In recKoning the terms of district officers, the time from the 
first meeting of a legally organized district to the first annual 
meeting, no matter how short that may be, is to be considered a 
year, Decause all subsequent elections must take place at the an- 
nual meetings of the district; hence, at the first annual meeting 
after its organization the district will elect a clerk, at the second 
a treasurer, and at the third a director, each for a term of three 
years. Ordinarily, but one district officer will be elected at an 
annual meeting, but it will sometimes be necessary to fill the un- 
expired terms of those who have vacated their offices. 

Section 443 provides that treasurers shall hold their offices un- 
til their successors are elected or appointed, and qualified by filing 
the required bonds. 



Motions in Ohdbr 
OF Rank 

(A) 




Must it 
be Sec- 
onded? 


What 
Majority 
for Pas- 
sage? 


Is it Debat- 
able? 


Does it Open 
Mam Ques- 
tion to De- 
bate? 


Can it be 
Amended? 


Can it be 

Committed? 


Can it be 
Postponed? 


Is it subject 
to previous 
Question? 


Can it be 
Reconsid- 
ered? 


Can it be 

Laid on the 

Table? 


Can it be 
Renewed? 


How does it 

Affect Main 

Question? 


(1) An afflrmatlvp vote on 

the orders of thi- d;i.v vo- 
niovt'S tli(> main cuirslion 
(r<iincoiisi(i(-raliou; a uok- 
ative vote dispou.ses with 
the business set for spe- 
cial time. 

(2) When the previous ques- 


1. To Adjourn (3) 


See 

pagre 

26 


Yes 


Majority 


No 


No 


No 


No 


No 


No 


No 


No 


Yes— after 
other busi- 
ness inter- 


Main ques- 
tion first in 
order ne.xt 


2. Question of Privilege.... 


See 
page 

27 


No 


Majority 


Yes 


No 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Merely sus- 
pends action 
on main ques- 
tion. 


tion Is moveil or an 
amendment, and adopted, 
debate is closi-d on the 
amendment only. 


3. Orders of the Day (Spe- 
cia 


See 

page 

27 


No 


Two- 
thirds. 


No 


No 


No 


No 


No 


No 


Yes 


No 


No 


See note (1) 


(3) Quorum not necessary to 
adjourn. 




(4) Cannot suspend Consti- 


4 Appeal from Decision of 
Cliair. Questions of Order 


See 

pag-e 

28 


Yes 


Majority 


Yes— each 

member 

may speak 

once. 


No 


No 


No 


No 


Yes 


Yes 


Yes— sus- 
tains chair 
if cai-ried 


No 


Merely sus- 
pends action 
ou main ques- 
tion 


tution or By-Laws. 

(5) Must be made by one 
who voted on prevailing 


5. To Withdraw motion 


See 

page 

29 


No 


Majority 


No 


No 


No 


No 


No 


No 


Yes 




Yes 


Does not af- 
fect it 


side on main question. 

((J) The previous question 
applies only to debatable 
questions. 

(7) Motions once tabled must 
be removed by motion to 
take from the table. 


6. To Suspend a Rule (4) . . . 


See 

page 

29 


Yes 


Two- 
thirds 


No 


No 


No 


No 


No 


No 


No 


No 


No 


No effect 


7. To Reconsider (5) 

(B) 


See 

page 

29 


Yes 


Majority 


Yes, if main 
question is. 


Yes 


No 


No 


No 


Yes— affects 
only recon- 
sideration. 


No 


Yes— does 
not table 
main ques- 
tion. 


Yes 


No efl:ect 


(8) Motion to commit cannot 
be made after previous 
question has been or- 
dered. 

t9) To amend Con.stitution or 
By-Laws requires ' two- 
thirds vote. Motion to 


8. To Lay on the Table (7).. 
To take from the Table. . 


See 

page 

30 


Yes 


Majority 


No 


No 


No 


No 


No 


No 


No- 
neg. vote 

Yes- 
afBrm. vote 


No 


Yes 


Tallies main 
question and 
all secondary 
to it 


9. Prerious Question (6) — 


See 

page 

31 


Yes 


Two- 
thirds 


No 


No 


No 


No 


No 


No 


Yes 


Yes— tables 
entire sub- 
ject. 


Yes 


Compels im- 
mediate votn 
on main 
qup.stion (2) 


amend not in order after 
previous (luestion. post- 
pone, or lay on the table 
has been ordered. 


10. To Postpone to Certain 
Time 


See 

page 

31 


Yes 


Majority 


Yes— as to 
time 


No 


Yes— as to 
time 


No 


No 


Yes— does 
not apply to 
main ques- 
tion 


Yes 


Yes 


Yps 


Postpones 
entire sub- 
ject to time 
specified 


(10) Motions, as a general 




rule, can be renewed alter 
any other motion altering 
the state of affairs has in- 
tervened. 


11. To Commit, Refer or Re- 


See 

page 

32 


Yes 


Majority 


Yes 


Yes 


Yes 


No 


No 


Yes— forces 
vote at once 


Yes 


Yes— tai>les 
entire sub- 
ject 


Yes 


Commits 
main questi'n 
and all sec- 
ondary to it 




(11) Postpone indefinitely 


12. To Amend (9) 


See 

page 

32 


Yes 


Majority 


Yes, if main 
question is. 


No 


Yes— not an 
amendment 

to an 
amendment 


Ye.s— takes 

principal 

motioD 


Yes— post- 
pones main 
question 


Yes— forces 
vote at once 


Yes 


Yes— tables 
entire sub- 
ject 


No 


See note 


yields to all secondary 
questions except amend. 






13. To Postpone Indefinitely 
(11) 


See 

page 

32 


Yes 


Majority 


Yes 


Yes 


No 


Yes 


Yes 


Ye.s— does 
not affect 
main ques- 
tion. 


Yes 


Yes 


Yes 


llemoves 
main que.s- 
tion for ses- 
sion 








U. The Principal Motion.... 


See 

page 

33 


Yes 


Majority 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 


Yes 







(A) Motions are arranged in the order of their rank (except Reconsider). Each can supersede 
one of lower order — none, except amend, can supersede one of higher order. 



(B) Reconsider usually classed as "miscellaneous" inotion. It is in order at any time. Can be ap- 
plied to every other question except adjourn and suspend rules, and affirmative vote on lie on the table. 



DISTRICT OFFICERS— DUTIES— POWERS. 79 

Section 513 makes women twenty-one years of age eligible as 
school district officers after one year's residence in the district. 
Persons who have declared their intention to become citizens are 
eligible to district offices. After Decemuer 1912 all electors and 
officers must be citizens of the United States as well as of the 
state. 

District board. Section 432. The director, treasurer and clerk 
shall constitute the district board. Meetings of the board may be 
called by any two members thereof by serving on the other member 
a written notice of the time and place of such meeting at least 
twenty-four hours before such meeting is to take place. No act 
authorized to be done by the board shall be valid unless voted at 
its meeting. No formal notice of a meeting will be required where 
all members are present and consent to consider matters relating to 
the district. 

The decision of a majority at a meeting properly convened, is 
the decision of the board, but the decision of a majority, or even 
of all three, under other circumstances, is not the decision of the 
board. It is merely the concurrent opinion of the members, and 
is no more the decision of the board than the concurrent opinion 
of the members of the legislature, arrived at by taking their sep- 
arate votes at their respective homes, would be an act of the legis- 
lature. ,37 Wis., 54; 59 Wis., 518. 

It was held in 16 Maine R., 185, that the dismissal of a teacher 
by two, a majority of the board, was illegal, because the third was 
not notified, although he was out of town. The court says: "That 
does not allow the majority to dispense with the rule requiring 
notice. They are not in such cases constituted the judges whether 
the notice would be effectual to secure his attendance. Nor would 
it be entirely safe to entrust them with such power, as it would 
afford an opportunity to select an occasion when they might judge 
that a notice would be ineffectual, and thus, by neglecting to give 
it, free themselves from the presence of a dissenting minority. 
It may often happen "that those will be able to attend, who were 
believed to be so situated that their attendance could not be ex- 
pected. Nor is there any difficulty in giving the requisite notice 
in such cases, as one left at the usual place of residence would be 
sufficient." 

A single member of the board may be authorized to carry out 
a vote or determination of the board, such as making a purchase, 
engaging work to be done, etc. 

In Nevil v. Clifford, 63 Wis., 435, the court held that: 

1. The school board has the power to build a schoolhouse out of 
funds provided by the district for that purpose, but has no power 
to build, or cause to be built, a schoolhouse, and then make the 
cost of the building a charge against the school district. 

2. The voters at a school district meeting cannot authorize the 
school board to contract a debt on behalf of the district, or to 
levy a tax in an amount beyond the limit of their own powers in 
that behaif. 

3. Nor can a school aistrict ratify a contract or acts of the 
school board, which it would have no power to authorize in the 
first instance. 

4. A school district though containing less tnan 250 inhabitants 
may borrow a sum exceeding $600 for the purpose of building a 



80 SCHOOL LAWS OF WISCONSIN. 

schoolhouse, if the money is borrowed on such terms that it will 
not be necessary, in order to repay it, to levy a tax exceeding $600 
in any one year. See subd. 11, sec. 430, and sees. 474, 475, 476, 
476a; also sections 474a, 495, and 261. 

Filling vacancies. Section 433. The board may fill by appoint- 
ment any vacancy that may occur in their number within ten days 
after such vacancy shall occur; and if such vacancy shall not be so 
filled the town or village clerk, and in the case of a joint district the 
clerk of the town or village in which the schoolhouse is situated, 
shall fill such vacancy by appointment. Any person upon being 
notified of his appointment shall be deemed to have accepted the 
same unless within five days thereafter he shall file with the clerk 
or director a written refusal to serve; and any person so appointed 
shall hold office until the next annual meeting, at which the electors 
shall fill such vacancy for the unexpired term. 

See Forms Nos. 17, 18 and 19. 

Section 962, of the Wisconsin statutes, declares when offices be- 
come vacant. That section is here inserted: 

Section 962. Every office shall become vacant on the happening 
of either of the following events: 

1. The death of the incumbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhabitant of the state; or if the office 
be local, his ceasing to be an inhabitant of the district, county, 
town, city or village by or for which he shall have been elected 
or appointed, or within which the duties of his office are required 
to be discharged. 

5. His conviction of any infamous crime, or of any offense in- 
volving violation of his official oath. 

6. The decision of a competent tribunal declaring void his elec- 
tion or appointment, or adjudging him insane. 

7. The neglect or refusal of any person elected or appointed or 
re-elected or re-appointed to any office to give or renew his offi- 
cial bond, or to deposit the same in the manner and within the 
time prescribed by law. 

8. The neglect or refusal of any officer in office to execute and 
file an additional bond, when lawfully required, in the manner 
and within the time so required or prescribed by law. 

9. The death or declination in writing of any person elected or 
appointed to fill a vacancy, or for a full term, before he qualifies, 
or his death or such declination before the time when, by law, he 
should enter upon the duties of his office, to which he was elected 
or appointed. 

10. On the happening of any other event which is declared by 
any special provision of law to create a vacancy. 

This section introduces authority for the village clerk to ap- 
point members of district boards, or members of boards of joint 
districts, in all cases where the members of the boards them- 
selves fail to fill a vacancy in their own number. 

This power of appointment by the village or city clerk does not 
extend beyond the limits of the district in which an organized 
village or city is located. 

When a vacancy in the board of a joint school district has not 
been filled by the board itself within ten days, such vacancy must 



t)iSTRICT OFFICERS— DUTIES— POWERS. gl 

be filled by appointment made by the clerk of the town, village 
or city in which the schoolhouse of the joint district is situated. 

By this section it is made the duty of the town, city or village 
clerk to fill a vacancy in a district board when he is oflacially in- 
formed of its existence; but his function is administrative, not 
judicial, and does not clothe him with authority to inquire into 
the validity of an officer's election or appointment, or to declare 
an office vacant. 

The sufficiency of the treasurer's bond must be determined by 
the director and clerk, but they are bound to exercise a sound 
discretion and may not use this power to defeat the will of the 
district. 

The wilful and unjust refusal of the officer required to approve 
the official bond of a person elected or appointed to an office, to 
give it his approval, cannot deprive such person of his office or 
create a vacancy therein. 

"If the failure of a person appointed to an office to file his offi- 
cial bond within the time prescribed was due to no neglect or de- 
fault on his part (as where the officer required to approve such 
bond withheld his approval on the ground that the appointment 
was invalid), such appointee may, after judgment in his favor in 
an action to oust an usurper from the office, file his bond and do 
any other act necessary to entitle him to discharge the duties of 
the office." See section 3471, W. S.; 65 Wis., 510. 

The word "town" may be construed to include all cities, wards, 
or districts, unless such construction would be repugnant to the 
provisions of any act specially relating to the same. Subd. 17, 
sec. 4971, W. S. 

The power of a district board to fill a vacancy continues but 
ten days; if tney do not fill it in that time, the duty devolves 
upon the town clerk. But neither the board nor the town clerk 
is authorized to act judicially, and set aside an election, where 
an officer is deemed to have been elected illegally. Such person 
having been declared elected, and having entered upon the office, 
will be held to be an officer de facto until the illegality of his 
election is determined by competent authority. 

In other cases the board, town, city or village clerk, before 
making an appointment, must of necessity decide in view of the 
facts that a vacancy exists, and in the order making the appoint- 
ment, the facts which have caused the vacancy should be stated. 

In case of expiration of a term of service, and no election to 
fill- the vacancy, it is to be understood that the term does not 
actually expire until ten days after the annual meeting. The 
board then has power, for ten days, to fill the vacancy; and the 
town clerk has therefore no power to fill it until twenty days 
after the annual meeting. 

In case of a single vacancy in the district board, those in of- 
fice possess all the powers of a full board for the purpose of fill- 
ing such vacancy, but if two vacancies exist at the same time, 
the remaining member cannot fill them. It must be done by the 
town clerk. 

A person should not be re-appointed who refuses to serve, or 
whose resignation has been accepted. The statute regards the 
penalty for refusing to serve as an equivalent for the service. 
(See section 500.) 

In case of appointment, the term of office of the appointee ex- 
pires at the next annual meeting, and if a successor is not then 
elected, the incumbent cannot hold the office more than ten days 
after the annual meeting, except in the case of the treasurer who 

6— S. L. 



32 SCHOOL LAWS OF WISCONSIN. 

will hold the office until his successor has filed his bond. It then 
becomes the duty of the board to fill such vacancy, and if they 
neglect to fill it, this duty devolves on the town cleric. 

Vacancy. Section 433a. When the clerk, director or treasurer 
shall be and remain absent from the district for which he was 
elected for a period exceeding sixty days his office shall be deem- 
ed vacant. 

Purchase, etc., of schoolhouse. Section 434. When lawfully 
directed Dy the electors the board shall purchase or lease the site 
for a schoolhouse designated by the district; build, hire or purchase 
a schoolhouse out of the funds provided for that purpose, and sell 
and convey any site, schoolhouse or other property of the district. 

See Form No. 20. 

A school district is a corporate body, and as such has perpetual 
succession and existence in its corporate name, and the capacity 
to hold real and personal estate for its corporate purposes. It 
possesses this power as a legal body wholly distinct from the in- 
dividuals who from time to time compose it. The district can act 
as a corporation only through its officers. The power to pur- 
chase or lease a site for a schoolhouse, or to build, hire or pur- 
chase a schoolhouse, or to sell any schoolhouse, site or other 
• property, belongs exclusively to the district board. It is often 
the case that a building committee is appointed by the district to 
superintend the erection of a schoolhouse. Although the law con- 
templates no such committee, there may be no serious objection 
to it, if it can aid the board by its advice and service in carrying 
out the wishes of the people. But the district board alone has 
power to bind the district by a contract, written or verbal, and 
the district has no power to supersede them by appointing a 
building committee, or any other agents. 

A stringent contract, which in all cases should be in writing, 
with proper provisions for the adjustment of any questions that 
may arise under it, should be made. 

The inhabitants of a district assembled in district meeting, 
should give plain and specific instructions to the district board 
in regard to the matters referred to in this section. All votes re- 
lating to purchase or sale of a site, schoolhouse, or other district 
property, should be taken by yeas and nays, and all proceedings 
should be entered at length upon the record book of the district. 

Care of school property; entertainiiients ; admission may bo 
charged. Section 435. The board shall have the care' and keep- 
ing of the schoolhouse, books, apparatus and other property of 
the district, except that especially confided by law to the clerk, 
and before each annual meeting they shall make and deposit with 
the clerk of the district an inventory thereof; keep the schoolhouse 
in good condition and repair, and provide all necessary appendages 
during the time a school shall be taught therein. They may grant 
the request of any responsible inhabitant of the district to occupy 
the schoolhouse for such public meetings as will, in the judgment 
of the board, aid in disseminating intelligence and promoting good 



DISTRICT OFFICERS— DUTIES— POWERS. g^ 

hiorals; any such license shall be answerable, and if there be no 
responsible licensee, the members of the board shall be personally 
liable to the district for any injury done to any property and for 
any expense incurred by, at or in consequence of any such use of 
the schoolhouse. They may grant the use of the schoolhouse for 
the holding of lectures, entertainments and school exercises, pro- 
vided they are held under the auspices of the school authorities, 
and are for the benefit of the school, and may permit the charg- 
ing of an admission fee thereto. (1907 c. 270) 

Until the passage of this act it was not lawful for the authori- 
ties in a school district to charge an admission fee for attendance 
upon lectures, entertainments and school exercises given in the 
public school building. This law changes the rule and an admis- 
sion fee may be charged for admission to entertainments given 
in the public school building. Read section 515a under "cities." 

The books and records of the district are by law committed to 
the care of the clerk. The board has exclusive control of all prop- 
erty belonging to the district. 

It is the duty of the board to provide the necessary appendages 
for the schoolhouse, without waiting for instructions from the 
people of the district. They are also required to keep the school- 
house in good condition and repair during the time a school 
shall be taught therein. This duty should be promptly and effi- 
ciently performed. Under this section the board has power to 
cause to be built suitable outhouses, and to provide blackboards 
and other things necessary to the successful management of the 
school. 

It may be wise for district officers to be guided by the ex- 
pressed wish of the district concerning matters which this sec- 
tion commits to their care; but no vote of the electors of a dis- 
trict can divest its officers of the authority or relieve them of the 
responsibility with which the statute clothes them. 

In the exercise of the discretion confided to the board under 
this section it should distinguish between things necessary and 
things unnecessary, though perhaps desirable. A stove is a neces- 
sity, an organ is not. 

This power is limited by the power to raise a tax prescribed in 
subds. 5 and 8, sec. 430; and is also conditional upon the allow- 
ance of the account of the board at a district meeting, as pro- 
vided in sec. 436, except where the district has already provided 
a fund and directed the board to purchase and pay for such ap- 
pendages therefrom. A purchase of sea*:s for a schoolhouse by 
the board before the district has voted to raise any money there- 
for is void unless the account be allowed by the district or the 
purchase be in some manner ratified by it. The allowance of 
such account is a condition precedent to the levying of a tax 
therefor. Retaining and using such seats is not a ratification 
of the express contract made by the board therefor, when such 
contract was never presented to the voters of the district, and 
there is no evidence to show that they knew its terms. But 
such retention and use amount to an approval of the payment of 
the purchase price for such seats by the board: Kane v. School 
District, 52 Wis., 502. But if the terms of such contract had 
been made known to the voters of the district at some meeting 
thereof, and they had failed to act thereon and had afterwards 
authorized the district officers to use the articles purchased, 
probably this would have bound the district. 



g4 SCHOOL LAWS OF WISCONSIN. 

The board should also visit the school, inspect the buildings 
and grounds and see that the school building is insured in some 
good company. See sections 441 — 441a, and chapter 373, laws of 
1905, section 1941 — 32a and beyond. 

Sichool boards; to establish and maintain evening schools, va- 
cation schools, gymnasiums, etc. Section 435e. 1. Boards of 
school directors in cities of the first, second or third class are hereby 
authorized to establish and maintain for children and adult persons, 
in the school buildings and on the school grounds, under the custody 
and management of such boards, evening schools, vacation schools, 
reading rooms, library stations, debating clubs, gymnasiums, public 
playgrounds, public baths and similar activities, and accommodations 
to be determined by such boards, without charge to the residents of 
such cities; also to cooperate with commissioners or boards having 
the custody and management in such cities of public parks, libraries, 
museums and public buildings and grounds of whatever sort, and by 
making arrangements satisfactory to such boards of school directors 
and such commissioners or boards controlling other public buildings 
and grounds, to provide the supervision, instruction and oversight 
necessary to carry on public educational and recreational activities, 
as described in this section, in buildings and upon grounds in the 
custody and under the management of such commissioners or boards 
having charge of public parks, libraries, museums or public buildings 
and grounds of whatever sort in such cities of the first, second or 
third class. 

Refusal of board; petition. 2. If any board of school directors 
shall neglect or refuse to proceed as authorized in this act, the ques- 
tion of their action as herein authorized shall, upon petition to that 
effect, signed by not less than ten per cent of the number of voters 
voting at the last school or other election in such city, be submitted 
to the electors of the school district at the next election of any sort 
held therein, and if a majority of the votes cast upon such proposi- 
tion shall be in favor thereof, then the board of school directors 
shall proceed to undertake and organize this work as authorized in 
this act. 

Keport to the council; tax levy. 3. Boards of school directors 
in cities of the first, second or third class shall report to the common 
council of such cities at or before the first meeting of such common 
council in September of each year, the amount of money required for 
the next fiscal year for the support of the aforementioned activities 
of a similar nature which may have been previously determined upon 
by such boards of school directors, and it shall be the duty of such 
common council to levy and collect a tax upon all the property, sub- 



EVENING SCHOOLS— DEBATING CLUBS. 85 

ject to taxation in said city, at the same time and in the same 
manner as other taxes are levied and -collected by law, which shall 
be equal to the amount of money so required for such purposes by 
the said board of school directors as provided in this act; provided, 
that the tax so levied upon each dollar of the assessed valuation of 
all property, real and personal, in said city, subject to taxation, shall 
not in any one year exceed two-tenths mill for the purpose of the 
activities hereinbefore mentioned in this act, and other similar 
activities which may have been determined upon by such board of 
school directors of each city. The said tax shall not be used or 
appropriated, directly or indirectly, for any other purpose than that 
provided in this act. 

Subniissiuu of question to people. 4. All moneys received by or 
raised in such city for the aforementioned purpose shall be paid over 
to the city treasurer, to be disbursed by him on orders of such board 
or school directors in such city, countersigned by the comptroller in 
the same manner that other funds at the disposal of such board of 
school directors in such city are disbursed by them. But the tax 
provided for in this act shall not be levied or collected, nor shall 
the board of school directors, as provided in this act, have authority 
to require the levy and collection of such tax, until after the question 
of the levy a;nd collection of such tax shall have been submitted to 
the qualified school electors of such city at some regular or special 
election, and shall have been favorably voted upon by a majority of 
those voting upon such question at such election. The question as 
to the levy and collection of such special tax shall be submitted to 
the voters in the usual manner upon request of the board of school 
directors in such city, or the question of the levy of such tax shall 
be submitted upon a petition to that effect, signed by not less than 
ten per cent of the number of voters voting at the last school elec- 
tion, held previously in such city. 

Discontinuance must also be submitted. 5. After the question 
of the levy and collection of such special tax has been submitted to 
and approved by the voters as provided in this section, the authority 
shall remain, and such tax shall be levied and collected annually 
until such time as the voters of the school district of such city shall, 
by majority vote, order the discontinuance of the levy and collection 
of such tax. The question of the discontinuance of the levy and 
collection of such tax shall be submitted to the voters in the same 
manner and under the same conditions as the proposition to au- 
thorize the levy and collection of the said tax. 

Special appiopriations may be received. 6. The board of school 
<;lirectors in any city covered by this act, is also empowered to receive 



86 SCHOOL LAWS OF WISCONSIN. 

and expend for the purposes, of this act any sums of money ap- 
propriated and turned over to them by the common council of such 
city for such purposes; and the common council of such city shall 
have authority to appropriate and turn over to the board of school 
directors of the school district of such city any reasonable sums of 
money which the said common council may desire to appropriate out 
of the general fund of such city and turn over to the said board of 
school directors for the purposes 'herein set forth. (1911 c. 509) 

Schoolhouse may be used as public meeting place. Section 435d. 
1. Upon application of not less than one-half of the voters residing 
in the district, the school board or other body having charge of 
schoolhouses or other public buildings or grounds, which are 
capable of being more widely used as public meeting places for non- 
partisan gatherings of citizens, for the presentation and discussion 
of public questions or for other civic, social or recreational activities, 
shall allow the use of such buildings or grounds for the open presen- 
tation and free discussion of public questions, and may allow the use 
of such buildings or grounds for such other civic, social and recrea- 
tional activities as in the opinion of the controlling board do not 
interfere with the prime purpose of the building or grounds. 

2. Where the citizens of any community are organized into a 
nonpartisan, nonsectarian, nonexclusive association for the presenta- 
tion and discussion of public questions, the school board or other 
body having charge of the schoolhouses or other public properties 
which are capable of being used as meeting places for such organiza- 
tion, when not being used for their prime purpose, shall provide, 
free of charge, light, heat and janitor service, where necessary, and 
shall make such other provisions as may be necessary t^v the free 
and convenient use of such building or grounds, by such organiza- ■ 
tion for weekly, bi-weekly or monthly gatherings at such times as 
the citizens' organization shall request or designate. 

3. The school board or other board having charge of the school- 
houses or other public properties, may provide for the free and gra- 
tuitous use of the schoolhouses or other public properties under 
their charge for such other civic, social and recreational activities, 
as in their opinion do not interfere with the prime use of the build- 
ings or properties. 

4. The person or persons making application for the use of a 
schoolhouse or other public property for public meetings, shall be 
responsible for all damage to the property occurring at such meet- 
ings, ordinary wear and tear excepted, and upon failure of the re- 
sponsible person or persons to respond in damages for any such in- 
jury to the property, the school board or other board in charge of 
the schoolhouse or other public property, may refuse all future 



NONRESIDENT CHILDREN— TUITION. 87 

applRHlioiis lor the wider use of the property until such injury is 
repaired, witnout expense to the board in charge of the property. 
(I'Jtl c. r,l'i) 

This statute gives any school community an opportunity to or- 
ganize for social and educational purposes. It will be a good 
plan to hold a general meeting- of the residents of the district 
for the purpose of organization. At this meeting a committee 
can be appointed or elected to carry out any plans that the peo- 
ple may decide upon or after electing the committee and after 
some general directions as to the general character of the discus- 
sions and meetings, the committee can be directed to prepare a 
program and directed to report at an adjourned meeting held a 
few days later. At this meeting a definite plan or program can 
be fairly well worked out and agreed upon. Matters of direct 
interest such as farming, manufacturing, marketing, town or dis- 
trict affairs, sanitation for tiie farm and home, etc., etc., etc., may 
form the basis for discussions or entertainments, lectures, joint 
debates between districts can be arranged. Care must be exer- 
cised that these meetings are not held too frequently; that mat- 
ters which tend to bring about an unpleasant factionalism are 
not brought up for discussion; that the gatherings become friv- 
olous and without meritorious purpose or that any one is ex- 
cluded from participation. If properly planned and conducted 
these meetings offer large opportunities for good and for the 
welfare of the district, but unless well directed they will prove 
to be of little if any value. The state superintendent will 
gladly advise with any school officers or committee having 
charge or work to be carried on under the provisions of this 
chapter. 

Nonresident children permitted by law to attend school in an 
adjoining district in certain cases. Section 435m. 1. In all cases 
where there are children of school age in a home located more than 
two miles from the schcolhouse in the home district and transporta- 
tion is not provided, the distance to be measured by the nearest 
traveled highway and there is another school in an adjoining district 
located at a distance of one-half mile or more nearer to such home, 
the children of school age shall be privileged to attend the nearer 
school, provided that the facilities will permit and such attendance 
shall not cause the enrollment in the nearer school to exceed sixty- 
five during any one term. 

Tuition to be paid. 2. The board of the district in which such 
family resides is duly authorized by this act and shall pay to the 
treasurer of the district in which the nearer school is located as 
compensation for the attendance of such children the amount of 
school money derived from the per capita apportionment made by 
the state superintendent from the school fund income and also the 
amount derived from the tax levy upon the town under the pro- 
visions of section 1074 of the statutes which would otherwise remain 
in the treasury of the home district, provided that the children 
between seven an'd fourteen years of age attending the school outside 



88 SCHOOL LAWS OF WISCONSIN. 

the home district shall comply with the requirements of the com- 
pulsory attendance law; and all other children from like homes and 
attending under like conditions shall be in attendance for a period of 
not less than four months. 

Conditions of attendance. 3. Failure to comply with these pro- 
visions regarding periods of attendance shall relieve the treasury of 
the district in which such children reside from liability for the 
tuition and shall place the obligation for tuition upon the parents or 
guardians of the children so attending. (1909 c. 183) 

School boards to provide maps, charts, globes, books and supple- 
mentary I'eaders and other equipment for schools. Section 436. 
The board may purchase such books, blanks and stationery as are 
necessary for keeping a record of the proceedings of meetings, and 
the accounts of the treasurer and for doing the business of the 
district in an orderly manner, and such other equipment, including 
supplementary readers, dictionaries, library catalog cards and card 
cases, maps, charts, globes, books and school apparatus, heating and 
ventilating apparatus, as may be approved by the state superintend- 
ent or by the county superintendent for the use of schools, not 
exceeding one hundred dollars in value in any one year, from any 
funds in the district treasury not otherwise appropriated, and such 
school books as in their judgment may be necessary for the use of 
any children attending school in their district whose parents and 
guardians may not be able to furnish the same. All such purchases 
shall be approved at a regular meeting of the board at which all 
members are present. The board shall keep an accurate account of 
expenses incurred by them under the provisions of this section and 
present an itemized statement of such purchases to the annual meet- 
ing. (1907 c. SO) 

It is worth while to emphasize that provision of this chapter 
which requires that, "All such purchases shall be approved at a 
regular meeting of said board, at which all the members thereof 
shall be present." No contract made in violation or neglect of 
this plain requirement will bind the district, and all questions 
as to payment of the purchase price of any school apparatus con- 
tractea for without the regular meeting of the board must be 
settled by the firm or agent and the school officers as individuals. 
They and not the district assume all responsibilities. 

This chapter enlarges the scope of section 436, statutes of 1898, 
by giving the board specific authority to expend for needed ap- 
pliances for the schoolroom the sum of $100, instead of $75 as 
heretofore. It is also more specific in its statements of what may 
be purchased. The question will undoubtedly occur as to what 
is to be included under the different heads mentioned in this 
statute. In the matter of supplementary readers, there should be 
as many copies of the primer as there are pupils in the primer 
class. The same rule will apply to supplementary first readers, 
secona readers and third readers. There should be one Webster's 



SCHOOL APPARATUS— HEATING AND VENTILATION. ^9 

International Dictionary in good usable condition. This diction- 
ary may be secured from the State Department under the pro- 
visions of section 509 of the School Code. There should be at 
least one Academic Dictionary for every six pupils doing work 
in the middle and upper forms. One set of at least eight maps in 
a close, dust-proof roller case; one globe 8 or 10 or 12 inches in 
diameter, with a suitable case. The cost of the globe and the 
case should not exceed $6.00. Entirely satisfactory globes are fre- 
quently purchased for less. A good blackboard at least 20 feet 
long and four feet wide, (.slate is always to be preferred) making 
at least 80 square feet of surface should be provided. In a pri- 
mary department or a school of one department only, the bottom 
of this board should not be more than 28 inches from the floor. 
The schoolroom should be kept furnished with seats and desks 
in good condition. All desks of the. same size should be placed 
in the same range or row. Single desks are always to be pre- 
ferred. No. 2 desks will accommodate the largest pupils enrolled 
in rural schools and No. 5 will accommodate the smallest. Adjust- 
able seats and desks, while somewhat more expensive, and not so 
strong or durable as stationary desks and seats, will enable the 
teacher to regulate the height to accommodate the pupils. Care 
-must be taken to place the desks so that the pupils may be able 
to use them and to take comfortable positions at them without 
having to lean forward. As a rule the desk should be so placed 
that a line dropped from the front edge will strike from one to 
two inches inside the front edge of the seat; or in other words, 
the front edge of the desk should overlap or overreach the front 
edge of the seat below. If possible the desks should be so placed 
that the light may come from the rear and left of the pupils. 
Recitation seats should be provided in number sufficient to ac- 
commodate the largest classes. 

Heating and Ventilating Schooleooms. 
Hot Air Furnace. 

The matter of properly heating and ventilating the schoolroom 
is of the utmost importance. The schoolroom should, if possible, 
be kept at a uniform temperature of 70° F. and should be con- 
tinually supplied- with warmed fresh air while the school is in 
session. In order that this fresh air may be supplied it is neces- 
sary that a fresh air inlet and a foul air outlet shall be con- 
structed of a capacity sufficient to meet the needs of the room. 
A basement furnace properly installed with a fresh air intake and 
with a foul air outlet, will heat and ventilate the room and keep 
the floor comfortably warm at the same time. The fresh air in- 
take provided for any furnace should be at least 14 inches in 
diameter. The foul air outlet must be larger than the fresh air 
intake. The chimney built for the oulet must be at least 16x16 
or 12x24 inches inside measurement. (Ordinary bricks ar-e 2x4x8 
inches in measurement and consequently will not build well into 
a chimney the dimensions of which are not divisible by 4.) This 
really means a chimney with the flue large enough to carry off 
the smoke from the furnace as well as the foul air from the room. 
This foul air outlet or chimney must be provided with a suitable 
register (the "wing" or "window shutter" kind preferred), at 
least 16x20 inches or 12x28 inches placed on one side of the foul 
air outlet, the lower end of the register reaching to the floor. 
This will enable the teacher to control the foul air ventilation. 



90 SCHOOL LAWS OF WISCONSIN. 

The hot air from the furnace, in order to secure the best ventila- 
tion, must be admitted into the room from an opening (a register 
similar to the register provided for tlie foul air outlet but some- 
what smaller) near the ceiling. This demands that a hot air 
pipe shall carry the fresh air from the furnace between the walls 
of the building, or that a suitable chimney extending partly into 
the room, or that a pipe of proper size built of steel shall be pro- 
vided. The warm air should be admitted through the register 
into the room on the same side of the room where the foul air 
outlet is constructed. This will, if the windows, doors, floor and 
ceiling are tight, provide for a better distribution of the heated 
fresh air throughout the room, than can be obtained by placing 
the hot air register in the floor. If, however, the hot air register 
is placed on the floor it will be well to have a circular jacket 
placed over the register and extended up into the room at least 
five feet. This will direct the hot air current directly towards 
the top of the room and will prevent the pipe from becoming 
filled with dust and sweepings from the floor. 

The Jacketed Stove. 

A stove 'of sufficient size and shape, properly jacketed, with 
suitable provisions for the admission of fresh air for carrying off 
the foul air, may be made to meet the requirements of the law as 
stated m chapter 600, laws of 1907. A careful investigation of 
various methods for obtaining ventilation by the use of a jacketed 
stove leads to the conclusion that the following is the only home- 
made system that the school boards are safe in placing in their 
schools: 

A stove of round-oak type, having a firepot 20 inches in diam- 
eter for a room 20 by 32 feet, and a larger firepot for a larger 
room should be used. This should be placed in the end of the room 
where the cliimney is built. This is important in order to secure a 
proper distribution of heat and circulation of fresh air. Do not, 
however, place the heater directly in front of the chimney if it 
can be avoided. In case it seems desirable or cannot be avoided, 
the heater must be placed at least eighteen inches from the chim- 
ney and that part of the jacket back of the stove should reach 
to the floor. A fresh air pipe at least 12 inches in diameter should 
be brought from the outside of the building to a point immedi- 
ately behind the stove, The opening of this pipe should be oppo- 
site tne flre-pot and inside the jacket, that is, it should reach or 
project to a point 4 inches above the bottom of the jacket which is 
to be placed about the stove. If this fresh air intake opens below 
the stove through a register it will be found that the cold air 
will blow out under the heater and the jacket and over the floor 
and cause the floor to be cold unless the fresh air ventilation is 
entirely cut off. A jacket should be built to flt around the stove. 
This should extend at least 6 inches from the heater at all points 
and should be lined with asbestos paper and corrugated tin. The 
tin lining is necessary in order to keep the asbestos in its place 
and from being torn by the pupils. This lining will prevent any 
direct transmission of heat through the jacket. The jacket should 
be built with heavy steel rings at the top and bottom and steel 
frames for the door in order that it may withstand the hard usage 
in school. It must entirely surround the stove and be provided 
with .one or more doors through which the fuel and ash doors 
may be reached. The bottom of this jacket should be placed at 
least 8 inches above the floor on stout straps or steel legs. A 



HEATING AND VENTILATING SCHOOL ROOMS. 91 

tight-fitting damper should be provided in the fresh air intake 
near the cuter end, so arranged that it may be regulated from the 
inside of the room according to the wind and weather or may be 
elcssd when school is not in session. This "cut-off" or damper 
may be placed close to the wall inside the room in most cases. 
This plan provides means for bringing into the room plenty of 
pure air and also takes care of the heating part of this ventila- 
tion system. 

An important feature, one which must not be deviated from, is 
the construction of the smoke chimney and the foul air ventila- 
tion, i'he chimney should be built from the ground up and 
should be at least 16 inches square inside. The best results will 
be obtained if this is a double course chimney in order that as 
much heat as possible may be retained in the ventilation shaft. 
A stack or pipe 8 inches in diameter made of No. 12 steel should 
be placed in the center of this chimney. A "T" for receiving the 
smoke pipe from the stove should pass from this steel stack or 
pipe through the walls of the chimney at the proper height from 
the floor to receive the smoke pipe from the stove. The bottom 
of this steel stack or pipe must be tightly closed and all joints 
made tight. 

The term "double course chimney" must not be misunderstood 
to mean a double-flue chimney. The chimney should consist of 
a single flue only. Neither must it be understood that the eight- 
inch stack or pipe made of No. 12 steel must reach to the bottom 
of the chimney. If it extends just below the point where the 
"T" projects, that will be all sufficient. No. 12 galvanized steel 
is heavy and hard to work and is suggested simply because of its 
durability. A much lighter grade of galvanized iron or steel can 
be used. It will not, however, be so durable. If No. 22 were 
used, while it can be easily worked by your local tinsmith, it 
would probably last for a few years only.. It can, however, be 
easily replaced. A "double course chimney" is one of double 
thickness or built of two courses of brick. The chimney should 
go out through the peak of the roof and stand at least 4 feet 
above tne peak and the steel stack or pipe within the chimney 
should be placed a foot higher than the chimney itself. A wing 
register 16 by 20 inches snould be placed in the bottom of this 
large chimney, the lower edge of the register placed even with the 
floor line. The idea is that the foul air will pass out through the 
space surrounding the steel stack or pipe inside the chimney and 
a good upward draft will be maintained, especially in the winter 
time, because of the heat transmitted through the steel stack or 
pipe. 

This system has been quite thoroughly tested and is recom- 
mended as having proved satisfactory. 

Demand Guarantee. 

The board members should be constantly on their guard against 
cheap and unsatisfactory ventilating apparatus recommended by 
persons not regularly engaged in the business of supplying such 
appliances. The homemade appliances devised by local dealers 
cannot be safely relied upon. If homemade appliances are to be 
used the plan above described should be strictly followed. There 
are several patented systems on the market that have proved satis- 
factory and may be purchased outright from the dealers or firms 
by district boards if they so prefer. ' Any one of these systems 
will be installed by the company furnishing it and will also be 



§2 SCHOOL LAWS OF WISCONSIN. 

fully guaranteed. Under no circumstances should any patented 
heating and ventilating system be installed by any agent or com- 
pany unless the chimney is at least 12 inches square inside meas- 
urement, or the equivalent: that is, 144 inches in area. The foul 
air pipe must also be 12 inches in diameter. It is practically use- 
less to pay out money for the installment of any kind of heating 
and ventilating apparatus unless the arrangements and appliances 
for its successful operation are provided. Salesmen and even 
principals of firms selling such apparatus may insist that their 
especial system will perform the work and meet all requirements 
with almost any kind or size of chimney. It must be remembered, 
however, that these people are business people and that it is one 
part of their business to sell their systems, and while it is not 
my disposition or purpose to in any way interfere or hinder such 
people in their legitimate plans, I nevertheless deem it my duty 
to insist that any system of heating and ventilation shall be prop- 
erly installed and that school districts and school district officers 
shall be protected and the comfort of the children shall be se- 
cured, rather than otherwise. The instructions given here are 
the result of experience, careful study and investigation as well 
as consultation with persons skilled in matters pertaining to 
schoolroom sanitation. Do not neglect to demand and secure 
a strong, clearly worded guarantee from any firm that installs a 
plant in your school building. The county superintendent can 
doubtless give the school boards necessary information concern- 
ing the cost of installing any one of these systems and also give 
the address of the company by whom it is furnished. School 
boards must keep in mind, however, that a cheap sheet-iron fence 
or shield around an ordinary stove, with a fresh air register un- 
der the stove and a ventilating pipe stuck into the side of a chim- 
ney, will not be considered as a "system of ventilation and heat 
distribution" within the meaning of these terms as used in the 
statutes and as interpreted by this department. Under no condi- 
tions will any system ventilate the schoolroom properly if any 
considerable quantity of outdoor air is permitted to enter the room 
through windows and doors, through cracks in the floor, openings 
under the baseboard or openings in the ceiling. A ceiling made 
with a thin coat of plaster or a ceiling that is full of cracks and 
openings will interfere seriously with the perfect working of any 
ventilating system because it allows the heated fresh air to escape 
from the room into the attic without resulting in any benefit what- 
ever to the pupils. Tight walls and ceilings, tight floors, close 
fitting doors and windows are as essential to the successful work- 
ing of a heating and ventilating plant as are the fresh air inlets, 
the foul air outlets, the jacketed stove or furnace or a patented 
system. 

Care of Sciioolhouse, Furniture, Outbuildings. 

The walls of the schoolroom should be kept clean at all times 
and provisions should be made for cleaning the floor and wood- 
work every month. During cold weather the air should under no 
circumstances be allowed to circulate under the schoolroom floor. 

See section 1408c regarding the cleaning of the schoolhouse be- 
fore school opens and after the outbreak of any contagious disease. 
This law (chapter 44, laws of 1911) should be read by teachers 
as well as school officers. (Sections 1408a — 1408d inclusive.) 

The foundation wall or underpinning of the school building 
should be made and kept air-tight during the winter. Windows 



CARE OF SCHOOLHOUSE— OUTBUILDINGS. 93 

should be properly curtained and supplied with conveniences that 
will permit the teacher to regulate the amount of light admitted 
to the schoolroom. Curtains fastened to spring rollers and fixed 
in an easily movable frame that can be attached to an ordinary 
window will be more satisfactory than curtains fixed to spring 
rollers attached to the bottom part of the window rather than the 
top, but curtains with rollers fixed at the lower part of the win- 
dow are more satisfactory than those with rollers fixed at the top. 
The light from the upper part of the window is the most satis- 
factory for all schoolroom purposes. 

A good substantial card catalogue case with a sufficient number 
of cards for cataloguing the school library books should be fur- 
nished. The books must be properly catalogued and a suitable 
case provided in which to keep them. Both cases should be dust 
proof and the library case provided with a lock and key. 

The school building should be kept in good condition and free 
from unsanitary features. At least two suitable and convenient 
outhouses placed at least thirty feet apart and separated from 
each other by a tight board fence at least seven feet high, must be 
provided and kept in clean and wholesome condition. Chapter 
232, laws of 1907, provides that if the electors of the district fail 
to vote for a sum sufficient to enable the board to meet the re- 
quirements of said chapter, it shall be the duty of the district 
board before the third Monday of November to meet and deter- 
mine the amount needed to provide and maintain the outhouses 
and board walks as required, and the clerk must certify to the 
town clerk the amount so determine-!. The town clerk must then 
place said amount in the tax roll to be levied and collected as 
other school taxes are levied and collected. This is mandatory 
upon school boards. 

In addition to the above, chapter 600 requires that the teaching 
shall be "efficient." In order that the teaching work may be con- 
sidered efficient it is essential that good order shall have been 
maintained in the school; that the teacher shall have been com- 
petent, faithful and progressive in her work. The district must 
have maintained what will be considered by the county superin- 
tendent and by intelligent patrons as a good school in every es- 
sential, particular. 

A school maintained, furnisnod and provided as set forth in the 
law and as interpreted in this circular shall be entitled to receive 
special aid to the amount of $50 annually for three years. 

The annual report made by the district clerk under the require- 
ments of section 462, and a special report of the county superin- 
tendent for the year ending .Tune 30, must be the basis for making 
the special or merited apportionment. 

School boards; to erect outbuildings. Section 435a. It shall 
be the duty of each school district board, or in towns under the 
township system, the town board of school directors, to provide at 
least two suitable and convenient outhouses or water-closets for 
each of the schoolhouses under its control. Said outhouse's or 
water-closets shall be entirely separated each from the other and 
shall have separate means of access. The boys' outhouse shall be 
provided with suitable urinals. Said outhouses and said water- 
closets If detached from the schoolhouse, shall be placed at least 
thirty feet apart and separated by a substantial close fence not less 



94 SCHOOL LAWS OF WISt^ONSlN. 

than seven feet in height, and where placed on opposite sides of the 
school grounds shall be suitably screened from view. The board of 
education shall have said outhouses and water-closets kept in a clean 
and wholesome condition. If the electors of the district or town 
shall at the annual meeting fail to vote a tax of sufiicient amount to 
enable the board to comply with the provisions of this section, it 
shall be the duty of the district board or the town board of school 
directors, prior to the third Monday of the November following, to 
determine the sum necessary to be raised to carry out the provisions 
of this section, and the clerk or secretary shall forthwith certify 
to the town clerk the amount so fixed, who shall assess this amount 
as school district taxes are assessed, and such amount shall be 
assessed, levied and collected at the same time and in the same 
manner as other taxes for school purposes. (1901 c. 2S2) 

This is an important statute. School boards should not delay 
in complying with its requirements. It is compulsory and is in- 
tended to remedy conditions that are a disgrace to many dis- 
tricts and which should not be permitted to continue a day after 
school opens. Read this chapter, call a board meeting, read the 
chapter to your fellow members on the board and make arrange- 
ments to comply with its provisions at once. The health and 
moral welfare of children demand immediate action at your hands 
and under the demands of this law. 

Flags. Section 436a. Every board of education or district 
board shall purchase at the expense of the city, town, village or dis- 
trict to which it belongs and display in each schoolroom or from a 
flag-staff on each schoolhouse or on the grounds thereof a flag of 
the United States, and purchase in like manner whatever may be 
needed for the display or preservation of the flag. 

The above section is compulsory. When a flag is purchased, the 
district board should make some provision for properly caring for 
it. If left exposed to the weather it will be quickly destroyed. 
The teacher should exercise the same control over it that it is 
his duty to exercise in regard to other district property placed in 
his care during the school term, and the district clerk should care 
for it during vacations. 

Deftciency iu tax. Section 43 7. If any district, at its annual or 
at a subsequent special meeting prior to the third Monday of No- 
vember following, shall not vote a tax sufiicient to maintain a school 
for the term of six [eight] months during the ensuing year, the 
board, on or before the Wednesday next following said third Monday 
of November, shall determine the sum necessary to be raised to 
maintain such school, and the clerk shall forthwith certify to the 
town clerk the amount so fixed, who shall assess the same as other 
district taxes are assessed; and all school money received from the 



HIRING x'EACHER— CONTRACT. 95 

school fund income shall be applied exclusively to the payment of 

teachers' wages. 

While the law has restrained districts, on the one hand, fi'om 
voting excessive taxes, it has also provided a security against the 
parsimony or negligence that would sometimes fail to open schools 
at all, or that would open them for an insufficient period. Bight 
months' school in each year is the smallest amount that entitles 
a district to shai-e in the income of the school fund. The district 
board is charged with the duty of making this provision, if it is 
not done by the district. The neglect on the part of the board to 
do this is punishable by fine, or removal from office. See sections 
507, 4549 and 4350. 

Contract with teacher. Section 4 38. The board shall contract 
with qualified teachers, specify in the contract the wages per week, 
month or year to be paid, and when completed file the contract, 
with a copy of the certificate of the teacher so employed attached 
thereto, with the clerk. No contract with any person not holding 
a diploma or certificate authorizing him to teach shall be valid; and 
all such contracts shall terminate if the authority to teach expire by 
limitation and be not renewed or be revoked. 

See Form No. 21. 

The duty here devolving upon a district board, like any other 
act performed by it, must b.e preceded by a regular meeting, as 
provided for in section 432. The district board has no authority 
whatever for paying money from the district treasury for the 
services of a teacher who has not been hired strictly in accord 
with statutory direction. See section 432 and the comments 
thereon. Through failure to comply with the law, district officers 
render themselves and their distric*: liable to serious pecuniary 
loss. 

Two of the board may be in favor of hiring a certain teacher, 
and may think that because they are a majority there is no need 
of a meeting to consider the subject. But each member of the 
board has an equal right to be heard. Two of the board have no 
right to assume that the other member may not be able to give 
good reasons for hiring some other person than their candidate. 
Common courtesy as well as the law requires a meeting for de- 
liberation. 

A meeting of the board was called by two members of the 
board by serving a written notice upon the third member The 
notice omitted the place of meeting only. A teacher was hired 
by the two members at this meeting — the notified member stay- 
ing away. The court held that the notice sent {o the third mem- 
ber was void because the place of mee*:ing was not named. That 
the teacher was not legally hired and that there was no authority 
for the treasurer to pay out district money for services rendered. 

In negotiating for a teacher, the board should first of all ascer- 
tain that the person is legally "qualified." The only legal evi- 
dence of this is an unexpired certificate from the proper superin- 
tendent. If the county be divided into two superintendent dis- 
tricts, the certificate must be from the superintendent of that 
division of the county in which the school is to be taught. In 
case of a joint district not wholly within the jurisdiction of one 
superintendent, the certificate must be from the superintendent 
within whose jurisdiction the schoolhouse Is situated. A certl' 



96 SCHOOL LAWS OF WISCONSIN. 

ficat© has no validity or force beyond the county or jurisdiction 
within which it is given, although "indorsed" by some other su- 
perintendent. 

If a person without a certificate is hired and permitted to teach 
a school no money can be lawfully paid from the district treasury 
for services rendered, no matter how satisfactory they may have 
been and furthermore such person can not recover wages from the 
district on a suit on his contract on the ground of quantum 
meruit (as much as he deserved). 

The contract is of no force unless signed by at least two mem- 
bers of the board. It is better that it be signed by all. 

There is no authority for making a contract whereby the 
teacher engages to board with the parents of the children. 

The employment of any member of the district board to teach 
the school is not strictly forbidden by statute; nevertheless, it 
must be considered illegal, because against public policy; and a 
contract by a majority of the board with one of their own number, 
could not be enforced. 25 Wis., 551. 

The binding character upon the district or upon the incoming 
board, of contracts with teachers to extend beyond the close of 
the school year has been settled by the courts. 16 Wis., 336; 118 
Wis., 294. 

The selection of the teacher and the amount of his compensa- 
tion are committed to the discretion of the board. The board may 
respect the expressed wish of the inhabitants, but the duty and 
responsibility of action in these matters remains with it. 

The teacher's security lies, first, in securing legal qualification 
to teach; second, in securing a legal contract. A verbal agree- 
ment may be incapable of proof, and may be broken. 

The teacher was legally qualifiQd; he contracted to teach school 
for the year; his contract was signed by all the members of the 
board but such contract had never been authorized by any vote 
or at any meeting of the board. He taught six months and was 
then discharged. He sued the district at the end of the year for 
the wages due on his contract. He lost his case and failed to 
collect because he was not hired at a board meeting. 106 Wis. 
p. 340. 

A teacher holding a legal contract may be dismissed for cause, 
during its continuance, but the burden of proof always rests with 
the party that terminates a legal contract. 

A teacher prevented from rendering full service by the destruc- 
tion of the schoolhouse, or by the suspension of the school by 
order of the school board or the board of health, on account of the 
prevalence of a contagious disease, if ready at all times to render 
the service for which he contracted, may recover full compensa- 
tion. 50 Vt, 30; 43 Mich., 480. 

A minor possessing the qualifications may, with the assent of 
his father, confract with a board to teach school. The law seems 
to contemplate that the contract shall be made with the teacher, 
not the father. If no agreement is made by the father to re- 
linquish the minor's wages he may maintain an action against 
the board for them: Monaghan v. School District, 38 Wis., 100. 

Rules; expulsion of pupils. Section 439. The' school board of 

any school district or the board of education of any city may make 
all rules needful for the organization, graduation and government 
of the school or schools under their jurisdiction, such rules to take 
effect when a copy signed by a majority of the board is filed with 



RULES GOVERNING SCHOOLS. 97 

the clerk; may establish and maintain an ungraded department 
when In the discretion of the board such department may be deem- 
ed advisable; may suspend any pupil from school for nourcompli- 
ance with the rules made by themselves or by the teacher with 
their consent; may expel any pupil whenever, upon due examina- 
tion, they find him guilty of persistent refusal or neglect to obey 
the rules of the school and become satisfied that the interests of 
the school demand his expulsion; and may admit free of tuition any 
person between twenty and thirty years of age residing in the dis- 
trict to any school under their control, when in their judgment it 
will not interfere with the pupils of school age. 

The board has power to make all needful rules and regulations 
for the organization, gradation and government of the school, and 
to suspend any pupil for non-compliance with reasonable rules 
established by it, or by the teacher with its consent. 35 Wis., 59; 
45 Wis., 150. But in matters of this kind the board will, in the 
main, be guided by the advice of the teacher. While the teacher 
is subordinate to, and must execute the orders of the board, he 
is responsible for the conduct, discipline and progress of his 
pupils, and should, generally, be allowed to decide as to the 
means and methods of discharging this responsibility. Rules 
adopted, or approved by the board, should be recorded in its min- 
utes. 

While there is no doubt as to the authority of the board to ex- 
pel a pupil for continued insubordination or gross immorality, 
humanity demands that all other remedies should be exhausted 
before resorting to this extreme measure. It is the province of 
the schools to make good men and good women from such ma- 
terial as is furnished by the several communities. The efficiency 
of the schools is commensurate with their power to incite the 
love of right things. 

It becomes the duty of a school board to expel a pupil whenever 
it is convinced that his continuance in school will result in its 
demoralization, or in the contamination of his fellows; but the 
proof on which the conviction rests should be clear. It should 
be remembered that the object of school discipline is to reform 
and restore. If the board neglects to make rules for the govern- 
ment of the school, the authority of the teacher to enforce obe- 
dience to reasonable requirements is unquestionable. 

The teacher may quell insubordination by corporal punishment 
or by suspension. But these are extreme remedies, and are justi- 
fiable only where other means fail, or are plainly inadequate. 

Courts have uniformly sustained the authority of school boards 
to make and enforce rules requiring pupils to bring written ex- 
cuses for absence and tardiness under penalty of suspension. 

All rules must be reasonable, and capable of enforcement in g, 
reasonable manner. If a school board should authorize suspen- 
sion for absence occasioned by a violent storm, by the illness of 
the child, or by illness or death in his family, the rule would be 
unreasonable and therefore illegal. 

Barring schoolhouse doors against tardy children in cold or 
stormy weather would be cruel, and would not be sustained. 

_ Not unfrequently there is a disposition to question the teacher's 
right to enforce his authority by the infliction of corporal punish- 
ment. It should be borne in mind that the teacher who contracts 

7— S. L. 



98 SCHOOL LAWS OF WISCONSIN. 



to manage a public school undertakes to do something more than 
merely to prescribe lessons and hear recitations. He assumes to 
govern the school, to maintain quiet and order in and about the 
schoolhouse, and to compel such conduct on the part of the pupils 
as shall best conduce to their own welfare and that of the school 
as a whole. This authority would be nugatory if the teacher were 
not armed with some coercive power. Accordingly, the supreme 
courts of nearly every state in the union have held, with singular 
unanimity, to the determination that the teacher has the right, 
in the execution of his duty, to inflict corporal pimishment. Our 
own supreme court, in 45 Wis., p. 150, held that, "A teacher is re- 
sponsible for the discipline of his school, and for the progress, 
conduct and deportment of his pupils. It is his imperative duty 
to maintain good order and to require of his pupils a faithful per- 
formance of their duties. If he fails to do so, he is unfit for his 
position. To enable him to discharge these duties effectually, he 
must necessarily have the power to enforce prompt obedience to 
his lawful commands. For this reason the law gives him power, 
in proper cases, to inflict corporal punishment upon refractory 
pupils." The courts have held as uniformly that the teacher was 
liable for the castigation of his pupils only when the punishment 
was unreasonable, or was inflicted from malicious motives. It 
has also been held that the teacher is the best judge of both of the 
need and the measure of punishment. There are many circum- 
stances tending to determine the guilt of the pupil which cannot 
be set up in evidence, — such as the manner of the pupil, his tone 
of voice and general conduct. Still, the infliction of physical 
pain has little educational value, and a wise teacher will seldom 
resort to this method of securing obedience. 

A rule by the board that the teacher shall remain in or about 
the schoolhouse during the noon hour, especially if the school is 
a large one and any considerable number of the children bring 
dinners, is a reasonable rule and one that can be enforced to the 
great advantage of the schools and both teachers and pupils in 
many cases. Many schools are rendered practically valueless to 
the community because of the conduct of the children during the 
noon intermission while the teacher goes to her boarding place. 



SCHOOL ATTENDANCE. 

Relating to attendance at school; length of time pupils must at- 
tend; age; exemptions: illness, two-mile limit, completion of 
course of study, equivalent private instruction. Section 439a. Any 
person having under his control any child between the ages of seven 
and fourteen years, or any child between the ages of fourteen and 
sixteen years not regularly and lawfully employed in any useful 
employment or service at home or elsewhere, as provided by chapter 
349 of the laws of 1903, shall cause such child to be enrolled in 
and to attend some public, parochial or private school regularly 
(regular attendance for the purpose of this statute shall be an 
attendance of twenty days in each school month, unless the child 
can furnish some legal excuse), in cities of the first class during 
the full period and hours of the calendar year (religious holidays ex- 
cepted) that the public, parochial or private school in which such 



COMPULSORY ATTENDANCE LAW. 99 

child is enrolled may be in session; in all other cities not less than 
eight school months; and in towns and villages not less than six 
school months in each year, and all children subject to the pro- 
visions of this act shall be enrolled in some public, parochial or 
private school within one school month after the commencement of 
the school term in the district in which such children reside, except 
that in cities of the first class such children shall be enrolled at the 
time of the opening of the school which they will attend (and the 
word "term," for the purposes of this act, shall be construed to 
mean the entire time that school is maintained during the school 
year); provided that this section shall not apply to any child not in 
proper physical or mental condition to attend school, who shall pre- 
sent the certificate of a reputable physician in general practice to 
that effect, nor to any child who lives in country districts more than 
two miles by the nearest traveled road from the schoolhouse in the 
district where such child resides; provided that if transportation 
is furnished by the district this exemption as to distance shall not 
apply, nor shall this section apply to any child who shall have com^ 
pleted the course of study for the common schools of this state or 
the first eight grades of work as taught in state graded or other 
graded schools of Wisconsin, and can furnish the proper diploma, 
certificate, or credential showing that he has completed one of said 
courses of study, or its equivalent. Instruction during the required 
period elsewhere than at school, by a teacher or instructor selected 
by the person having control of such child shall be equivalent to 
school attendance, provided that such instruction received elsewhere 
than in school be at least substantially equivalent to instruction 
given to children of like ages in the public, parochial or private 
school where such children reside. 

Penalty for viohition; district attorney to prosecute. Any per- 
son who shall violate the provisions of this section shall upon 
conviction thereof, be punished by a fine of not less than five dollars 
nor more than fifty dollars, together with costs of prosecution or by 
imprisonment in the county jail not exceeding three months, or 
by both such fine and imprisonment in the discretion of the court, 
for each offense. It shall be the duty of the district attorney and 
his assistants to prosecute in the name of the state all violations of 
the provisions of this section. 

Incorrigible children. Any person who shall be proceeded against 
under the provisions of this section" may prove in defense that he 
is unable to compel the child under his control to attend school or to 
work, and he shall be thereupon discharged from liability, and such 
child shall be proceeded against as incorrigible, or otherwise, ac- 



100 SCHOOL LAWS OF WISCONSIN. 

cording to law, and in case of commitment, if the parents or person 
having control of such child desire it, such child shall be committed 
to a school or association controlled by persons of the same religious 
faith as such child, which is willing and able to receive and main- 
tain it without compensation from the public treasury. 

Age of child, how ascertained. When in any proceedings under 
this section there is any doubt as to the age of any child, a verified 
baptismal certificate or a duly attested birth certificate shall be pro- 
duced and filed in court. In case such certificates cannot be secured, 
upon proof of such fact, the record of age stated in the first school 
enrollment of such child or first school enrollment to be found shall 
be admissible as evidence thereof. 

Truant officers; duties. Section 439b. In all cities of the first 
class the board of education or any board having similar powers, shall 
appoint ten or more truant officers and in all other cities having more 
than 2,000 population by the last United States or state census, such 
board shall appoint one or more truant officers whose duty it shall be 
to see that the provisions of this act are enforced and when of his 
personal knowledge, or by report or complaint from any resident of 
the city, or by report or complaint as provided herein, a truant officer 
believes that any child is unlawfully and habitually absent from 
school and not otherwise receiving instruction as provided in section 
439a as amended, he shall immediately investigate and render all 
service in his power, to compel such child to attend some public, 
parochial or private school which the person having control of the 
child shall designate, or if over 14 and under 18 years of age, to 
attend school or become regularly employed at home or elsewhere, 
and upon failure he shall serve a written notice, as required in sec- 
tion 4 of this act and proceed as hereinafter provided against the 
person having charge of such child. And in all cities having less 
than 2,000 population by such census, and in all towns and villages 
the sheriff of the county, his undersheriff, and deputies shall be 
the truant officers, and it shall be the duty of all truant officers 
named in this section to enforce the provisions of this act as pro- 
vided herein. 

Duties of school clerks; census. Section 439cb. It shall be 
the duty of the school clerk of every school district, the clerks of 
boards of education and the clerks of sub-districts, or other officers 
whose duty it is to take the school census under the law, at the 
time of taking the school census of their respective districts, cities, 
or subdistricts, to make out three copies of such census reports, on 
blanks to be furnished by the state superintendent, and send one of 
such copies by mail or otherwise to the proper superintendent on or 



Compulsory attendance— reports. loi 

before the fifteenth day of July each year and at the time of the 
opening of school in his district, he shall deliver with the register, 
a copy of such census report to the teacher employed in said district, 
and if the school consists of two or more departments the copy shall 
bo placed in the hands of the principal. In case the district includes 
within its boundaries, territory lying in two or more counties it shall 
be the duty of the clerk of such district to make out separate copies 
of the census reports for each part of said joint district, and forward 
the same to the proper superintendents; provided that in all cities 
having a population of 2,000 or more the clerk of the board of 
education or other officer, whose duty it is to take the school census 
shall not be required to furnish copies of the census returns to the 
county superintendent, city superintendent or teachers. Said clerks 
of boards of education and other officers who shall have the care 
and custody of the school census returns, shall have their offices 
open at all reasonable hours, and allow and assist superintendents, 
teachers, and truant officers to examine and secure information from 
the school census reports on file in their offices, that may, in any 
way, aid in the enforcement of the provisions of this act. 

Duties of teachers; reports; blanks to be furnished. All teach- 
ers in public schools e'xcept teachers in high schools, shall at the 
request of the proper superintendent, while school is in session re- 
port to him. Said report shall show the name of the school and its 
location, the name and address of the teacher, the number of 
months school is maintained during the year, the date of opening 
and closing of the school, the names and ages of all children en- 
rolled in their respective schools between the ages of seven and 
fourteen and fourteen and sixteen, the names and postoffice ad- 
dresses of the parents or other persons having control of such chil- 
dren, the number of the district and the name of the town, city, 
village and county in which said children reside, the distance such, 
child or children reside from the schoolhouse in the district in 
which they live bV the nearest traveled road, the number of days 
each such child was present and the number of days such child was 
absent during each month and such other reports requested by him, 
said reportg to be made on blanks to be furnished by the county, 
district or state superintendent. It shall be the duty of every school 
clerk, or the clerk of the board of education to deliver to the teach- 
ers in the public schools a sufficient number of blanks as described 
above, to supply said teachers for one school year; provided that 
when there shall be enrolled and in attendance at parochial or 
private schools, children residing in a county or counties other than 
the one in which the school house is located, the teachers in such 
parochial or private schools may make the reports hereinbefore de- 



i02 SCHOOL LAWS OF WISCONSIN. 

scribed to the county, district or city superintendent of the county, 
or the city in which the children between the ages of seven and 
fourteen and fourteen and sixteen so attending, reside; provided 
further that in districts tliat include within their boundaries terri- 
tory lying in two or more counties, or districts joint with cities 
having separate superintendents, it shall be the duty of the public 
school teachers in such joint districts to make separate reports as 
provided herein to the county, district or city superintendent of the 
county or city in which the children between the ages of seven 
and fourteen and fourteen and sixteen so attending reside; and 
provided that the teachers in cities of 2,000 population or more 
shall not be required to make the report provided herein, except 
when called upon to do so by the proper county or city superintend- 
ent. 

Teachers in private or parochial schools to keep record oi" at- 
tendance. Unexcused irregularity must be reported. All teachers of 
private and parochial schools shall keep a record embodying all 
the data enumerated in this section, and such record shall be open 
to the inspection of all truant officers specified in this act, at any 
and all reasonable times; and provided that when called upon by 
any truant officer, or superintendent, the teachers in private or paro- 
chial schools may furnish in writing on blanks furnished by the 
truant officer or superintendent the above mentioned data in regard 
to any child or children between the ages of seven and fourteen 
and fourteen and sixteen who claim, or who are claimed to be in 
attendance upon said school; and every teacher in a public school 
shall, and every teacher in a private or parochial school may 
promptly notify the proper truant officer of any child whose at- 
tendance is habitually irregular; provided such irregularity is not 
excused by any provision of this act. 

' Penalty for not complying with the above provisions. Any offi- 
cer or teacher in a public school who shall fail o^ neglect to make 
the reports required by this section as required, or any teacher in 
a private or parochial school who shall fail to keep a record as 
required in this section shall be subject to a forfeiture of not less 
than five nor more than twenty-five dollars for each such failure or 
neglect, said forfeiture to be sued for by any voter of the district 
where such officer resides, or where such teacher is employed, and 
recovered in the same manner other forfeitures are sued for and 
recovered under the Wisconsin statutes; one-half of the amount of 
the forfeiture to be paid to the voter bringing the action and 
the other half to be paid into the school district treasury of the dis- 
trict where such offender resides. (1907 c. JiJ/G) 



COMPULSORY ATTENDANCE— DUTIES OP OFFICERS. 103 

Duties of county superintendents and truant officers. Section 
439cc. 1. It shall be the duty of the county, district and city 
superintendents upon receiving the reports and information as pro- 
vided in the preceding sections, to compare carefully the reports of 
attendance and enrollment, with the reports of the last school 
census on file in his office, and ascertain therefrom the names of 
all children who are not complying with the provisions of this law, 
and it shall be the duty of such superintendents to report the names 
01 such children, together with the names and addresses of the par- 
ents or those having control of such children to the commissioner 
of labor and industrial statistics at Madison, upon blanks furnished 
for that purpose, and to the proper truant officer of the county, 
district or city. The truant officer shall immediately upon receipt 
of such report, or when he obtains information of delinquencies, noti- 
fy by registered mail, or by the service of notice in the same man- 
mer as provided for the service or summons in a civil case in a jus- 
tice court, the parent or the person having control of such child or 
children, to cause such child or children to be sent to some pub- 
lic, parochial or private school within five days from the date no- 
tice is deposited, properly addressed in the postoffice, if notice 
is served by registered mail, or five days from the date of the per- 
soiial service of said notice. 

Notice, what to contain; prosecution. 2. The notice shall in- 
form the parent or other person in parental relation that the law 
requires that all children between the ages of seven and fourteen, 
and between the ages of fourteen and sixteen if not regularly em- 
ployed as provided by chapter 349, laws of 1903, are to be in regu- 
lar attendance at some school as provided in section 439a. It shall 
be the duty of all truant officers, after having given the notice here- 
inbefore described, to determine whether the parent. or other per- 
son in parental relation has complied with the notice, and in case of 
failure to so comply, he shall immediately notify the commissioner 
of labor and industrial statistics of such failure, and within three 
days after having knowledge of or having been notified thereof, 
make complaint against said parent or person in parental relation 
having the legal charge and control of such child or children, be- 
fore any justice of the peace in the county, where such party re- 
sides. 

Courts having jurisdiction; apprehension without warrant; all 
persons to aid. 3. Provided, that in counties where the criminal 
jurisdiction of the justice of the peace has been abolished, the court 
or courts now having such powers, shall have jurisdiction in cases 
brought under the provisions of this act; for such refusal or neglect 



104 SCHOOL LAWS OF WISCONSIN. 

to send such child or children to some school as provided herein; 
and said justice of the peace or other court shall issue a warrant 
on said complaint and shall proceed to hear and determine the same, 
in the same manner as provided by statute for other criminal cases 
under his jurisdiction. All truant officers or other officers having 
the power of truant officers shall have the power to apprehend, 
without warrant, any child or children found violating the provis- 
ions of this act, and cause such child or children to be placed in 
some public, parochial or private school. It shall be the duty of all 
school officers, superintendents, teachers or other persons to ren- 
der such assistance and furnish such information as they may 
have at their command, to aid truant officers in the performance 
of their duties. (1911 c. J!f21) 

Compensation of traant Tofficers. Section 439cd. Truant officers 
in cities of 2,000 population or more shall receive such compensation 
as shall be fixed by the boards of education of such cities or boards 
having similar powers. When the sheriff, under-sheriff and his 
deputies are acting as truant officers as provided herein, they shall 
be paid the same fees as provided for such officers in criminal 
actions brought under the laws of this state, and in counties where 
the sheriff and deputies are paid an annual salary no extra com- 
pensation shall be allowed. 

Reports of county superintendent to the bureau of labor. Sec- 
tion 439ce. Each county and city superintendent of schools 
shall report to the bureau of labor and industrial statistics with- 
in ten days after the close of each month, commencing with the 
month of September and concluding with the month of June' 
in each year, the name of each child residing in the county, district, 
or city under his supervision who during said month has not com- 
plied with the provisions of sections 439, 439a, 439b, 439cb, 439cc, 
or 439cd of the statutes, and the name and postoffice address of the 
parent or guardian of such child. 

By this chapter children between seven and fourteen years of 
age who are not incapacitated for attending some public, parochial 
or private school are required to attend some such school for 
at least eight months — 32 weeks — if they reside in cities, and for 
six months — 24 weeks — if they reside in village or country dis- 
tricts. It appears that the legislature saw fit to add one month 
to the compulsory attendance period in the latter instance, owing 
to the fact that the minimum yearly term during which school 
may now be maintained is eight months. The chapter provides 
for appointment of truant officers in cities of two thousand or 
moi3 population. In towns and villages the duty of enforcing 
the law is placed upon the sheriff of the county and his deputies. 
It appears that this law is not only educational in its provisions 
but is also largely for the purpose of re-enforcing and strengthening 
the child labor laws of ine state and making the latter more 



TEXTBOOKS— DUTIES OF BOARDS. 105 

easily enforceable by the factory inspectors and other officers em- 
ployed under the direction of the state bureau of labor and sta- 
tistics. The factory inspectors are specifically referred to in this 
chapter as officers whose duty it is to enforce the truant law and 
the compulsory attendance law. Their authority to act under this 
statute and compel compliance therewith can not be questioned. 

Child Labor Law. See sections 1728a to 1728z inclusive. 



TEXTBOOKS. 

Choice and change of textbooks. Section 440. The board shall 
determine what textbooks shall be used in the school, make a list 
of such books, file a copy thereof with the clerk and keep a copy 
of such list posted in the schoolhouse. When te'xtbooks shall have 
been so adopted they shall not be changed for the period of three 
years. (1905 c. I'/S) 

The above chapter places the power to change textbooks in 
the hands of the district boards. This power can be exercised at 
a regular board meeting only. See section 432. Changes can be 
made no more frequently than once in three years. For penalty 
see sections 440b, 4549 and 4550. The free textbook system can 
only be adopted by the electors at the annual meeting. After 
adoption no change of books can be made for three years. 

Experience has very clearly shown that the plan of furnishing 
textbooks free to pupils in districts and cities is more satisfac- 
tory and much less expensive to the district or city as a whole 
than any other plan so far devised and provided for by law. It 
enables school boards to furnish each pupil in the district with 
necessary and suitable books of the best kind at once upon enter- 
ing school and at a cost to the district of from one-third to one- 
half ot what is usually paid out by parents during the school life 
of their children. It is found in many cases that the first cost 
of introducing the free textbook system is the greatest objection 
to the plan. 

This may be overcome by the gradual introduction of the sys- 
tem. For instance, if the electors of the school district should 
at the annual meeting vote ta adopt free textbooks, and the di- 
rections to the district board were to furnish readers, language 
books, and grammars only for the- coming year, the expense would 
be slight. Next year the electors might extend the system by au- 
thorizing the board to procure geographies, spellers, and arith- 
metics and other needed books might be provided for later. The 
books are handled under this system by the school disti'ict board, 
and they are placed directly in the charge of the district clerk 
when the scnool is not in session. It is his duty to see that they 
are placed in the schoolhouse at the beginning of each term and 
he should keep in connection with the other district record re- 
quired by law, a complete record of all books purchased by the 
board furnished to the teacher by him, and received from the 
teacher at the close of the year or each term. The teacher should 
take charge of issuing the books to the pupils, and should keep 
a record of all books so issued, a record of their return by the 
pupils, and make som.e note as to the condition of the books when 
received. If properly cared for, the books should be serviceable 
for from five to six years, and after the first adoption the district 



106 SCHOOL LAWS OP WISCONSIN. 

will only be under the necessity of making provision to supply 
books that have been worn out or lost. If books are carelessly 
handled or destroyed by the pupils, the pupils or their parents 
should be held to account for the amount of the loss. 

More than 3,000 districts or about three sevenths of the whole 
number in the state are reported as furnishing free textbooks. 

Same in cities. Section 440a. The board of education in any 
city shall determine what textbooks shall be used in its schools, 
make a list of such books, file a copy with their clerk or secretary 
and keep a copy posted in each school building. When textbooks 
shall have been so adopted, except in a city which furnishes free 
textbooks to the pupils in its public schools, they shall not be 
changed for three years. In any city where the district system is 
not in force the board of education may, under the limitations of 
this section, order changes in textbooks as aforesaid. Such changes, 
e'xcept as to free te'xtbooks as aforesaid, shall be approved by the 
city council; and the board of education may purchase textbooks 
for use in its schools and loan or furnish them to pupils under 
such conditions or regulations as they may prescribe. But no text- 
books which would have a tendency to inculcate sectarian ideas 
shall be used in any public school. 

Penalty. Section 440b. Every member of the district board or 
of a board of education, when a list of textbooks has been adopted 
according to law, who shall, within three years from the date of such 
adoption, order a change of textbooks in his district or city shall 
forfeit the sum of fifty dollars. 

It is always safe to presume, when there is considerable uni- 
formity of books in use, that a list has been adopted at some time, 
although no list can be found in the file of the clerk, or posted In 
the school room. 

In regard to a meeting of the board, the only safe plan is to 
call and hold a meeting as provided in section 432, before acting 
upon any important matter like that of changing or adopting text- 
books, hiring teachers, etc., etc., and the attention of school offi- 
cers is particularly called to the fact that the electors at a school 
meeting have no authority to change textbooks; also that there 
is no authority for making contracts with publishing houses for 
a specified time. 

In making a choice of textbooks boards will do well to call to 
their aid the teacher and those best acquainted with the actual 
needs of the school. Such persons will be the best judges of the 
adaptation of the books to the needs of the school. 

Scliool textbook investigation. An act appropriating a sum of 
money not exceeding five thousand dollars to defray the expenses of 
a joint committee to be appointed under the provisions of joint 
resolution No. 144, A., for the purpose of investigating the school- 
book price's and the textbook situation in this state. 



SCHOOI. OFFICERS— SPECIAL DUTIES— DIRECTOR. 107 

Approiu-iation. Section 4 40c. There is hereby appropriated out 
ot any money in the state treasury not otherwise appropriated, the 
sum of five thousand dollars, or so much thereof as may be neces- 
sary for the purpose of defraying the expenses of the joint com- 
mittee appointed or to be appointed under the provisions of joint 
resolution No. 144, A., for the purposes therein mentioned, and to 
pay stenographers, clerks and other assistants, witness fees and 
other expenses incurred under the provisions of such resolutions. 
(ID 11 c. 625.) 

Jioard to visit school. Section 441. The board shall visit the 
school, examine into its condition, advise with the teacher in re- 
gard to the instruction, government and progress of the pupils, 
and exercise ^such general supervision as may be necessary to carry 
out the provisions of this chapter. 

Insurance. Section 4 41a. Any district board or board of educa- 
tion may insure the school property, and, if necessary, execute a 
note for the premiums. 

See Section 1941-32. 



SCHOOL OFFICERS — SPECIAL DUTIES. 
DIRECTOR. 

His duties. Section 442. It shall be the duty of the director 
of each district 

1. To countersign all orders legally drawn by the clerk upon the 
treasurer of the district. 

2. To appear for and on behalf of the district in all actions 
brought by and against it, when no other direction shall have been 
lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of the district 
on the treasurer's bond in case of any breach of any condition there- 
of, and to apply all money when collected to the use of the district 
as the same should have been applied by the treasurer. 

The words '"legally drawn," in the first clause of this section, 
make it the duty of the director to ascertain that orders on the 
district treasury have been drawn in accordance with law, before 
affixing his signature thereto. 

By the provisions of subdivision 17, of section 430, the district 
has power, at any meeting duly called, to give such direction and 
make such provision, as may be deemed necessary in relation to 
the i)rosecution or defense of any action or proceeding in which 
the district may be a party or interested; and unless some other 
person is designated to perform the duty, the director is required 
to bring suit and carry out the will of the meeting. 



108 SCHOOL LAWS OF WISCONSIN. 

In case of a breach of the treasurer's bond it is the duty of the 
director to commence proceedings to protect the interests of the 
district at once, without waiting for the action of a district meet- 
ing. He may also bring suit for an injury to a schoolhouse with- 
out direction from the electors. 21 Wis., 657. 

If an action is commenced against the district, the director must 
appear in behalf of the district, without waiting for authority from 
a district meeting. The district may, however, designate some 
other person to act as its representative in the defense. 



TREASURER. 

Bond. Section 443. The treasurer shall, within ten days after 
his election or appointment, execute to the district and file with the 
clerk a bond, in double the amount, as nearly as can be ascertained, 
of all the money of the district to come into his hands, with sufficient 
sureties conditioned for the faithful discharge of his duty and 
approved by the director and clerk. He shall hold office until his 
successor be elected or appointed and qualified as herein provided. 
Whenever the director and clerk shall deem the bond of the treas- 
urer insufficient they shall demand an additional bond in such sum 
as they shall fix, conditioned, approved and filed in the manner 
aforesaid, within ten days after such demand. The neglect or re- 
fusal to file such bond in either case shall vacate the office., Neither 
the director, clerk nor teacher shall hold the office of treasurer in 
his own district. 

See Forms Nos. 22 and 23. 

School district treasurers hold their offices until their successors 
are elected or appointed, and qualified by filing the required bond. 

A neglect to file the bond completed and approved, within ten 
days, as the law directs, vacates the office. Filing it with the ap- 
proval of one member of the board only, is of no effect. It is ob- 
viously improper for either the director or the clerk to become 
surety for the treasurer. 

The power granted the clerk and director by this section to re- 
quire an additional bond, when deemed necessary, should be exer- 
cised whenever the interests of the district demand it. No good 
citizen will regard the' exercise of this power as an imputation 
upon his character. Whenever the surety on the bond is not 
such as the law requires, it is obviously the duty of the treasurer 
to furnish additional security, and it must be done within ten 
days, just as in the original filing of the bond. 

When the office is vacated from either of the causes named, the 
board will appoint a treasurer, who will be subject to the same 
coajditions and possess the same powers as if elected to the office. 

By this section the treasurer is required to file a bond with se- 
curities that are sufficient in the judgment of the director and 
clerk, but these officers are to be guided in this matter by a bound 
discretion, and not by caprice. They may require the affidavit of 
bondsmen, certifying that they are worth the amount for which 
the bond renders them responsible, in their own right; but they 
may not use the discretion with which the law vests them to de- 
feat the will of the district. 



SCHOOL OFFICERS— SPECIAL DUTIES— TREASURER. IQQ 

Failure of a treasurer to pay over money in his hands on his 
removal from office is a breach of his bond, ^nd no demand is 
necessary to fix the liability of his sureties. 27 Wis., 505. 

The district has no power to release a treasurer from liability 
for money lost or misapplied by him. 10 Neb., 293. 

If a district treasurer pays out any money of the district ex- 
cept upon an order therefor, properly drawn by the clerk and 
countersigned by the director, he may be held responsible to the 
district for the sum so paid. 98 Wis., page 22. The treasurer in 
this case paid back to the district $273.80 simply because he had 
paid out the money without any orders being presented, although 
his books showed that every cent had been paid out for the bene- 
fit of the district. 

Treasurer's duties. Section 444. The treasurer shall apply for 
and receive from the town treasurer all money apportioned to or 
collected for the district and pay money on the order of the clerk 
countersigned by the director, and not otherwise. He shall keep a 
book in which he shall enter all the ruoney received and disbursed 
by him, specifying particularly the sources from which the same has 
been received, the persons to whom and the object for which the 
same has been paid, and shall afford the clerk access thereto when 
desired to enable him to make his annual report. He shall present 
to the annual meeting a report in writing, containing a statement 
of all moneys received by him during the preceding year and of 
each item of disbursement made by him and exhibit the voucher 
therefor. At the close of his term of ofiice he shall settle with the 
board and deliver to his successor said books, all vouchers, orders, 
papers and money coming into and remaining in his hands as treas- 
urer. 

While this section requires the treasurer "to pay all money re- 
ceived by him on the order of the clerk, countersigned by the di- 
rector," it should be borne in mind that he is a member of the 
district board and is bound by the general law prohibiting these 
officers from paying orders for money that has not been appro- 
priated according to law. See section 446. He is not bound to 
pay an order to satisfy an appropriation (made by the board) 
about which he was not consulted. 59 Wis., 518. 

An order, although properly drawn, does not relieve a treasurer 
of his responsibilities as a district officer. It is his business to 
see that the money of the district is disbursed according to law. 

The district treasurer can ascertain the amount of money to 
which his district is entitled, by examining the certificate of ap- 
portionment on file in the town treasurer's office, which that officer 
receives from the town clerk. The district treasurer should pay 
all legal orders in the order of presentation, when no special di- 
rection appears upon the order to the contrary. 

The law now requires the treasurer to give the clerk access to 
his books in making his report. 

It is a duty which the treasurer owes to himself, as well as to 
his district, to keep an accurate record of his accounts, so as to 
be able to present a clear and satisfactory statement of the trans- 
actions of the year. The account required to be kept by him, may 
be a simple cash account, in which the treasurer personally, and 



110 SCHOOL LAWS OF WISCONSIN. 

in his individual name is cliarged witti all school moneys received 
by him, and credited with each payment, specifying the date, the 
person to whom and the account on whicn ii was made. It is con- 
venient and will conduce to accuracy to number each credit con- 
secutively, and to affix the same number to the order to be pro- 
duced in proof of payment, and in support of such payment. This 
account should be kept in a book well bound, and a transcript of 
such account should be made, and with the proper vouchers, pre- 
sented to the annual meeting. This transcript should be exam- 
ined by a committee appointed by the meeting, and should be en- 
dorsed by said committee as having been examined and found cor- 
rect, if the committee find it regular in all respects. When at the 
close of his term of office he settles with the district board, as re- 
quired by law, the board should enter, upon the original account iu 
the blank-book, its certificate that it has examined such account 
up to and including the last preceding entry (giving its date), 
and the vouchers therefor, and that it finds the same correct. 

It is deemed proper to refer here to the present law in regard 
to embezzlement. Uefusal of an officer or other person made the 
custodian of money, to pay over the same on lawful demand, is 
declared to be embezzlement, and is punishable by imprisonment 
or fine. And if any person so demanding money and refused the 
same neglects to make complaint against such officer, he is also 
punishable by imprisonment, or fine. Sections 4418 to 4421 of 
the Wisconsin statutes relate to this matter. It will be seen by 
section 963, that wbenever any judgment has been rendered 
against the treasurer for any breach of the conditions of his bond 
the governor may declare the office vacant. The vacancy will be 
filled as other vacancies in the district board are filled. 

It is also deemed proper to refer here to the provisions of law 
relating to proceedings to compel the delivery of books and papers 
of public officers to their successors, contained in chapter 43, 
Wisconsin statutes, and embracing sections 977 — 983 inclusive. 
Severe penalties and summary proceedings are therein provided 
for failure to thus deliver books and papers to successors. 

Section 4553. Any public officer who shall at the expiration of 
his term of office refuse to deliver on demand to his successor 
in office after such successor shall have been duly qualified and 
be entitled to such office according to law, all moneys, books, rec- 
ords, papers or other property, belonging to said office and in his 
hands, or under his control by virtue thereof, shall be punished 
by imprisonment in the county jail not more than six months 
or by fine not exceeding one hundred dollars. 

I'rosecution of town treasurer. Section 445. The treasurer shall 

prosecute the town treasurer of the town in which the district or 

any part thereof is situated for the recovery of any money belonging 

to the district which the town treasurer refuses or neglects for the 

space of ten days from the time fixed by law therefor to pay over 

to him. 

The treasurer should bring the action before a justice of the 
peace, if the amount withheld does not exceed $200; otherwise, in 
the circuit court. 



SCHOOL OFFICERS— SPECIAL DUTIES— CLERK. m 



CLERK. 

His duties. Section 446. It shall bo the duty of the clerk: 

1. To report the name and postoffice address of each officer of 
his dictrict to the town clerk and to the town treasurer, or if a 
joint district to the clerk and treasurer of each town in which his 
district is situated, within ten days after the election or appoint- 
ment of such officer. 

2. To act as clerk and record the proceedings of the district 
meetings. 

3. To enter in the record book provided by the board the minutes 
of its meetings, orders, resolutions and other proceedings. 

4. To enter in said record book copies of all his reports to the 
town clerk and the certificate of the proceedings of a meeting 
returned by a temporary clerk as provided in section 430. 

5. To draw orders on the treasurer for money apportioned to or 
raised by the district to pay, according to the contract made by the 
board, the wages of any qualified teacher for teaching the district 
school, and to make any other payment voted at a meeting pursuant 
to section 430. (See Form No. 24.) 

6. To make a record in so.me suitable book of all orders drawn 
on the treasurer. 

7. To furnish at the expense of the district for the use of each 
teacher a school register in the form prescribed by the state super- 
intendent, to procure the same to be returned to him at the expira- 
tion of the teacher's employment and to preserve the same with the 
records .and papers of the district. 

8. To notify any person of his election or appointment to a dis- 
trict office within five days thereafter, to furnish any teacher a copy 
oi the contract made with him by the board and to perform any 
other duties imposed upon him by law. 

The importance of full and accurate records cannot be too 
strongly emphasized. The record book of the district should con- 
tain a full history of its school affairs. Dates, names, resolutions, 
votes, etc., should be given with such exactness that no trouble 
can arise which a reference to its pages will not help to settle. 
Financial statements and reports should be spread out on the rec- 
ord book. Documents that are merely filed are soon lost. 

The clerk cannot properly refuse to record the proceedings of a 
meeting that he was opposed to calling. And although he may 
think the proceedings illegal, it is his duty, nevertheless, faithfully 
to record them. If illegal, they may be set aside by competent 
authority, on appeal; and the record of the clerk is of importance 
in deciding the question. 

As the board has no authority to contract with a teacher who 
does not hold a legal certificate of qualification, so also any use 
of public funds, from whatever source received, for the payment 
of teachers not legally qualified, is a palpable violation of law. It 



112 School laws of wiSOoM^iM. 

is the duty of the clerk to see and know that the person em- 
ployed is legally qualified and entitled to teach, before any order 
for payment is drawn. It is no less the duty of the director to 
refuse to countersign, and of the treasurer to refuse to pay, orders 
drawn in violation of law; and these officers are bound to know 
that orders are legal before they recognize them as valid. 

Orders in favor of teachers. Section 446a. No order shall be 
drawn, countersigned or paid which is in favor of any person who 
has taught school in said district when not holding a certificate of 
qualification therefor as provided by law, nor for the payment of 
which the money has not been appropriated according to law, and 
no order shall be drawn for any money received from the school 
fund income for any other purpose than payment of teachers' wages. 

WHAT SHALL BE TAUGHT. 

Branches taught; kindergai'tens. Section 447. Orthography, 
orthoepy, reading, writing, English grammar and composition, geog- 
raphy, arithmetic, elements of agriculture, history and civil govern- 
ment of the United States and of the state of Wisconsin, and such 
other branches as the board may determine, shall be taught in every 
district school. All instruction shall be in the English language, 
except that the district board or the board of education may, in their 
discretion, cause any foreign language to be taught by a competent 
teacher to such pupils as desire it, not to exceed one hour each 
day. District boards, town boards of school directors and boards of 
education may provide for kindergartens, for instruction and train- 
ing of primary grades, in separate departments or otherwise. (1911 
c. JfOd) 

The topics recited in this section constitute the foundation of 
an education. The legislature evidently regarded them as of 
prime importance, and provided that they must be taught. 

Whenever, by the introduction of other branches into the public 
schools these are excluded, or are taught less efficiently, the plain 
provision of the section is violated. Every school should be so 
conducted as to secure daily instruction in reading, writing and 
spelling, and written exercises should be required of persons of 
suitable advancement in every branch taught in the schools. 

The law contemplates instruction, discipline and government of 
such character as to prepare the young to discharge their duties 
as citizens of a country in which the English language is used by 
the courts, the legislature and the people. To carry out this pro- 
vision of the law, section 449 provides: "No person shall receive 
any certificate who does not write and speak the English language 
with facility and correctness." 

Acquaintance with another language may aid in the instruction 
of children of foreign birth, or parentage, and this section allows 
one hour a day to be given to instruction in a foreign language, 
but the purpose of the provision is to limit, not to encourage the 
study of a foreign language in a common public school. 



tEACHERg' CERTIFICATES— Examinations. 113 

The parent has the right to make a reasonable selection from 
the prescribed studies for his child to pursue; and a teacher is 
not authorized to inflict corporal punishment for the purpose of 
compelling the child to puisue the study forbidden by the parent. 
Morrow v. Wood, 35 Wis., 59. 

Physiology and hygiene. Section 447a. Provision shall be made 
by the proper local school authorities for instructing all pupils in all 
schools supported by public money or under state control, in physi- 
ology and hygiene with special reference to the effects of stimu- 
lants and narcotics upon the human system. The textbooks used 
in giving such instruction shall have the joint approval of the state 
superintendent and the state board of health. 

This section contemplates instruction in physiology and hygiene 
with special reference to tne effects of stimulants and narcotics 
on the human system, for all pupils sufficiently advanced in age 
and scholarship. Under the guidance of an approved book, oral 
instruction in this topic may be given to pupils that are too im- 
mature to be benefited by the use of a textbook. 

The effectiveness of the work in this branch, so far as its oral 
presentation is concerned, will depend on the simplicity of the 
instruction, and the good judgment of the teacher in avoiding ab- 
struse and offensive statements. In all instruction given under 
this law the subject of anatomy should be considered as taking a 
secondary place. 

The teacher should also inform herself quite fully on the ele- 
mentary principles of sanitation and prevention of contagious dis- 
eases, as it pertains to the home and the school. 



CERTIFICATES AND EXAMINATIONS. 
TEACHERS. 

Ceitificates. Section 448. If any person desires to teach in any 
of the common schools he shall procure a certificate from the proper 
examining officer, and no certificate shall have force except in the 
district of the officer by whom issued. 

Grades of; who not to have. Section 449. There shall be three 
grades of teachers' certificates, to be known as first, second and 
third. Each certificate shall show the branches in which the holder 
has been examined and his relative attainments in each branch. No 
person known to the examining oflacer to be of immoral character 
deficient in learning or ability to teach or unable to write and speak 
the English language with facility and correctness shall receive a 
certificate. 

Certification of teachers; third grade certificate; professional 
training. Section 450 — 1. 1. Every applicant for a third grade 
certificate shall be examined in orthoepy, spelling, reading, pen- 
8— S. L. 



114 School laws of wisconsij^. 

manship, arithmetic, elementary composition and grammar, geog- 
raphy, the history of the United States, the civil government of the 
United States and of the state of Wisconsin, physiology and hygiene 
with special reference to the effects of stimulants and narcotics upon 
the human system, school management, the manual of the elem- 
entary course of study for the common schools of Wisconsin, and 
the elements of agriculture; and in addition to passing examinations 
in the aforesaid branches he shall have attended a professional 
school for teachers for at least six weeks and shall have received 
in such school standings in school management, and in the methods 
of teaching reading and language, arithmetic and geography, pro- 
vided, however, that the provisions of this section relative to attend- 
ance at professional schools for teachers shall not apply to persons 
who have taught successfully in the public schools for at least eight 
months prior to July 1st, 1910, nor to graduates from free high 
school teachers' training courses which had been especially approved 
by the state superintendent prior to July 1, 1910, nor to graduates 
from teachers' training courses equivalent thereto, which, since 
July 1, 1910, have been, or vv'hich in the future may be adopted by 
any high school board or board of education, and approved by the 
state superintendent. (1911 c. 569) 

Professional school defined. 2. In this act "professional school 
for teachers" shall mean a state normal school, a county training 
school for teachers or any school in rank above a high school, offer- 
ing a course for teachers equivalent to that offered in the state 
nornial schools of Wisconsin, or, in counties remote from a state 
normal school or county training school for teachers, a teachers' 
institute maintained under such conditions and restrictions as may 
be provided for by the board of regents of normal schools, provided 
that such institute shall be taught by at least two teachers and be 
of not less duration than six weeks, and shall have in connection 
therewith a model or practice school. 

Value of tliird grade certificate;, renewal. 3. A third grade certi- 
ficate shall entitle the holder to teach for such period, not more 
than one year, as may be specified therein, in the superintendent's 
district in which the certificate is issued. A third grade cer- 
tificate may be renewed if the holder shall during the life of the 
certificate attend a professional school for teachers for a pexiod 
of not less than six weeks and shall receive in such school credits 
in at least two subjects. The holder of a third grade certificate may 
also renew the same by passing an examination in all the subjects 
required fo-r a third grade certificate. Not more than three third 
grade certificates shall be granted after 1910 to the same person. 



tliAdHERg' CERTIFICATES— EXAMINATIONS. 115 

hecoiiU grade certificate. Section 450 — 2. 1. An applicant to 
receive a second grade certificate shall have taught successfully in 
the public schools for at least eight months and shall pass a satis- 
factory examination in all the branches required for a third grade 
certificate, and in addition in physical geography, American litera- 
ture, English composition, and in the cataloging and use of school 
libraries. The county or city superintendent may transfer the 
standings of a third grade certificate in force to a second grade 
certificate if the holder of such third grade certificate has taught a 
school successfully for at least eight months and has attended since 
receiving such third grade certificate, a professional school for 
teachers for at least six weeks and received credits in at least two 
subjects. 

Value of. 2. A second grade certificate shall entitle the holder 
to teach in the superintendent's district where it is issued and shall 
be in force three years from the date of its issue. 

Renewal. 3. A second grade certificate may be renewed if the 
holder thereof shall pass an examination in all the subjects required 
for a second grade certificate. A second grade certificate may also 
be renewed without examination provided the holder thereof has 
taught successfully for two years during the life of such certificate 
and has attended a professional school for teachers for at least six 
weeks and received credits in at least two subjects. 

First grade certificate. Section 450 — 3. 1. An applicant to re- 
ceive a first grade certificate shall have taught successfully for at 
least eight months in the public schools and shall pass a satisfactory 
examination in all the branches required for a second grade certifi- 
cate, and in addition in English literature, theory and art of teach- 
ing, algebra, physics and English history. The county or city super- 
intendent may transfer the standing of a second grade certificate in 
force to a first grade certificate if the holder of such second grade 
certificate has taught a school successfully for at least eight months 
and has attended, since receiving such second grade certificate, a 
professional school for teachers for at least six weeks and received 
credits in at least two subjects. 

Value of. 2. A first grade certificate shall entitle the holder to 
teach in the superintendent's district in which it is issued and shall 
be in force for five years. 

Renewal. 3. A first grade certificate may be renewed by the 
county or city superintendeiit for one or more periods of five years 
each, provided the holder has taught successfully for a period of 
ten years. 



Il6 SCHOOL LAWS OF WlSCONSll^. 

Special third grade certificates may be granted. Section 450 — 4. 
Whenever the supply of legally qualified teachers in any county has 
been exhausted the county or city superintendent with the approval 
of the state superintendent may issue special third grade certificates 
on examination in the subjects required for such certificates to as 
many persons as are necessary to supply the schools, provided that 
not more than one such certificate shall be issued to the same per- 
son. , , ^ j 

In effect July 1, 1910. Section 450 — 5. 1. No first, second or 
third grade teacher's certificate shall be issued after July 1st, 1910, 
except as provided in sections 450 — 1 to 450 — 4 inclusive, of this 
act, provided further that nothing in this act shall repeal the pro- 
visions of section 45 0a of the statutes. 

2. Any person so desiring, may, however, qualify for the several 
grades of certificates, provided for in this act, as therein required, 
at any time after its passage and publication. (1909 c. 



Transfer of standings and renewal of certificates. Section 450a. 
1. It shall not be lawful for any county superintendent to endorse 
a certificate issued by any other county superintendent, nor to extend 
the life of any certificate beyond the limits fixed by law. The papers 
written in any examination shall not be used as the basis for issuing 
a second certificate, which shall have the effect of extending the life 
of the certificate first issued thereon, e-xcept as hereinafter provided. 
But in any examination for a second certificate, when the applicant 
has taught successfully in the superintendent's district for one school 
year on a certificate previously issued by him, the superintendent 
may, in his discretion, accept standings on papers written by the 
applicant in the preceding examination not to exceed five in number, 
in lieu of a re-examination in the subjects for which standings are so 
accepted. 

Progressive examinations. 2. The superintendent may allow any 
person while holding an unexpired certificate of the third grade, 
or a county training school certificate to write on any two or 
more of the additional branches demanded for a certificate of the 
second grade. If the applicant is then successful in securing the 
required standing in any two of said second grade branches, the 
superintendent shall issue to said applicant a new third grade cerr 
tificate based upon the previous examination or upon the county 
training school certificate, good for one year, and if on or before 
the expiration of such new third grade certificate, the applicant 
completes the second grade examination, the superintendent may 
grant him a certificate of the second grade without limitation. If 



EXAMINATIONS— TRANSFER OF PAPERS. 117 

at any time during the life of the second grade certificate, any appli- 
cant shall successfully write in the additional branches demanded 
for a first grade certificate, the superintendent may issue such first 
grade certificate without limitation. (1901 c. J/'iS) 

The purpose of this act is to encourage teachers to secure teach- 
ers' certificates better or of higher grade' than those of the third 
grade. It really provides for what may be properly termed "a 
progressive examination." It also provides a method whereby a 
teacher may secure a third grade certificate and in certain cases 
a second grade, without being reexamined in the third or second 
grade branches. It also authorizes the county superintendent 
under certain cases to issue a first grade certificate without the 
usual limitation. But one third grade can be issued under this 
law without re-examination in the third grade branches. If the 
applicant for a certificate of the second grade fails to secure such 
certificate during the life of the old and the new third grade certi- 
ficates, another examination in the third grade branches must be 
taken. The first grade certificate must be secured during the life 
of the second grade certificate. If not, another second grade ex- 
amination must be taken. It must also be understood that 
branches that do not reach the required standing or per cent es- 
tablished by the county superintendent by and with the consent 
of the state superintendent for a second grade certificate cannot 
be transferred from a third grade, nor. can standings or per cents 
lower than those required for a first grade certificate be trans- 
ferred from a second grade certificate. The applicant must take 
re-examination in the branches that fall below the minimum re- 
quiremeuts. 

Preservation of examination papers. Section 450b. It shall be 
the duty of every county superintendent to preserve on file In his 
office during the life of every certificate issued by him or his prede- 
cessors, the examination papers, both questions and the answers 
thereto, examined by him or his predecessors, and upon which the 
certificate was issued; provided, that this section shall not prevent 
the transfer of papers to the state superintendent, as provided in 
section six of this act. 

Issue of certificate on transfer of papers. Section 45 0c. If any 
person holding a certificate desires to teach in any county or super- 
intendent district other than the one for which his certificate was 
Issued, the county superintendent of that county or district may 
request the county superintendent who issued the certificate to 
transfer to him the papers in his possession upon which the certifi- 
cate was issued, whereupon it shall be the duty of the county su- 
perintendent so requested, to transfer the papers, if any. If these 
papers and standings are found satisfactory by the county superin- 
tendent to whom they were transferred, he may issue a certificate 
upon them of the same grade as the original certificate and coter- 
minous with it, or one of a lower grade to be in force a shorter 
time, and he shall preserve the papers on file in his office. If the 



118 SCHOOL LAWS OP WISCONSIN. 

papers are found unsatisfactory, and the certificate is denied, he shall 
return the papers to the county superintendent from whom he re- 
received them. 
See also sec. 452b. 

Standard of attainment in branches required for certificates. 

Section 451. Each county superintendent shall establish for his 
county, subject to the approval of the state superintendent, the 
standard of attainment in each branch of study which must be 
reached by each applicant before receiving a certificate. The stand- 
ard so established shall be uniform in the county or superintendent 
district and no certificates shall be issued until the standard is es- 
tablished. The standard in the branches of study common to the 
third grade and the second grade certificates shall be higher for the 
second than for the third grade certificate, and the standard in the 
branches common to the second grade and the first grade branches 
shall be higher for the first grade than for the second grade certifi- 
cate. The county superintendent may demand an examination in 
such additional branches as the applicant may be required to teach, 
and Avhenever he shall deem it necessary he may require a re-exam- 
ination of any teacher in his county or superintendent district for 
the purpose of ascertaining his qualifications to continue as such 
teacher. 

Comments relating to the standard of attainment will be found 
under section 461. This provision enables the superintendent to 
act upon the facts within his own knowledge in the accomplish- 
ment of the end contemplated in section 453. The re examination 
authorizes him to pass judgment upon the teacher with reference 
to his learning, ability to teach, and moral character. If found 
, deficient in any of these particulars to such a degree that his 
continuance as a teacher would be prejudicial to the interests of 
education, the certificate should not be granted. The superin- 
tendent may base his judgment as to the teacher's ability upon 
the results of the observations made by him during school visita- 
tion. Care should be exercised that the observed conditions are of 
a permanent character and evidence the real condition of the 
school, as the authority to demand a re-examination of a teacher 
can lawfully be exercised only when there is good and sufficient 
cause for it. 

At least five days' notice should be given to the board and the 
teacher of the time and place when and where the examination 
will be held. When the exigencies of the case demand the im- 
mediate removal of the teacher, it is advisable to confer with the 
board with a view to secure his dismissal on the grounds of fail- 
ure to perform his contract. Upon the board's failure to act, it 
will be proper for the superintendent, in the discharge of his 
duty, to exercise the authority with which the statute clothes 
him, ttiat is, he may annul the teacher's certificate, whereupon 
the contract will expire by force of law. See section 438. 

If the case arises near the close of the teacher's term, it may be 
the better course to require the teacher to appear at the next pub- 
lic examination; the facts and circumstances of each case should 
control the action of the superintendent. 



EXAMINATIONS— APPEAL PROM MARKINGS. 119 

Appeal to state superintentloiit from markings by county super- 
intendent. Section 452. Any applicant refused a certificate as 
teacher by the county superintendent, may apply to the state super- 
intendent for a re-examination. The superintendent upon demand, 
shall give any applicant refused a certificate a written statement of 
the reasons of such refusal, which shall be presented to the state 
superintendent by the person desiring re-examination. If upon such 
re-examination the state superintendent shall be satisfied that such 
applicant is legally qualified, he shall issue a certificate of the 
proper grade, which shall entitle him to the same privileges as if it 
had been issued by the county superintendent. In the exercise of 
his powers of general supervision of the schools, the state superin- 
tendent is hereby authorized to call for the examination papers, both 
questions and answers, of any person to whom a certificate has been 
granted, and it is made the duty of all county superintendents to 
furnish such papers when so called for. If, upon examination of the 
papers, the state superintendent is satisfied that the person to whom 
the certificate has been granted is not qualified, he may annul the 
certificate. 

An appeal from the action of a county superintendent in refus- 
ing to grant a certificate must be conducted according to the 
rules and regulations of the department governing appeals. As 
the county superintendent fixes the standard of attainment under 
the advice of the state superintendent, no appeal need be taken 
under the impression that the standard will be lowered. 

If the refusal is for want of literary qualifications, a re-examina- 
tion will probably be necessary. If for other reasons, the deci- 
sion win be rendered according to the evidence submitted. The 
forms and rules to be observed in taking an appeal will be found 
under section 497. 

Countersignature of high school diploma by county superintend- 
ent. Section 4.5 2a. The free high school board shall make out 
and deliver to each graduate of the high school at the time of gradu- 
ation, a certificate of his standing in the branches pursued by him 
in such school; and if such graduate of a high school, having a 
four years' course, receive a first grade certificate from any county 
superintendent, and furnish to him or to any other county superin- 
tendent satisfactory proof of having taught successfully at least 
one school year, under such first grade certificate, such county super- 
intendent may countersign his certificate of graduation or diploma 
at any time before the expiration of the first grade certificate, and 
affix the date of such signature thereto. The diploma so counter- 
signed shall have for the period of five years thereafter, the force 
and effect of a first grade certificate. It shall be lawful for more 
than one county superintendent to countersign the diploma, but no 
counter-signature shall have the effect of extending the diploma as 



120 SCHOOL LAWS OF WISCONSIN. 

a first grade certificate beyond the expiration of five years immedi- 
ately following the date of its first counter-signature. flOll c. 119) 

Instruction in theory and art is not now required in high schools. 

Eight months' teaching may under this section be considered as 
one year of teaching. The proof of satisfactory work should be 
obtained from the officers of the district' in which the teaching 
has been done. If the applicant has taught in more than one dis- 
trict, testimonials signed by the officers of each board should be 
furnished. The teaching required must be done in a public 
school. The high school officers should make it a part of their 
duty as a board to issue the certificates of standings to the grad- 
uates of their schools. 

Final normal school standings may be accepted by county super- 
intendents. Section 452b. Any school superintendent or officer 
authorized to grant certificates to teachers in the common schools, 
is hereby authorized, in his discretion, to accept standings obtained 
by the completion of studies in any normal school of the state, when 
duly certified by the president of said normal school, in lieu of 
actual examination by said superintendent or examiner, at any time 
within three years after such standings were first obtained and 
recorded in said normal school. The provisions of this section shall 
apply to certificates of the first, second or third grades. (1899 c. lOJt) 

By this act additional discretionary powers are given to county 
superintendents in certain cases. 

Charges against teachers. Section 453. If any charges be made 
in writing to any county superintendent over the signature of a 
complainant against any teacher in the superintendent's district, 
affecting his moral character, learning or ability to teach, the super- 
intendent shall give to the complainant, the teacher and the board 
by whom he is employed at least ten days' notice in writing contain- 
ing a statement of the charges and of the time and place when and 
where he will hear the same. He shall proceed according to the 
notice to hear the proafs on either side and give the accused a rea- 
sonable opportunity to defend himself; he may administer oaths, 
and if he find the charges sustained and sufficient, annul his certifi- 
cate; but the teacher shall not be disqualified thereby until notice 
containing his name, the date of and reasons for such annulment be 
filed in the office of the town clerk and a copy thereof delivered to 
the clerk of the district in which the teacher is employed. 

Immoral character, deficiency in learning, or inability to teach*, 
is cause for the annulment of a teacher's certificate. The super- 
intendent should listen to complaints made under these heads. 
Upon presentation of specific charges, he should file copies of the 
complaint with the teacher and with the district board, and name 
a suitable time and place for pursuing the inquiry formally. If 
the charges be sustained by convincing evidence presented by the 
complainant, and the rebuttal made by the teacher fail to excul- 
pate him, the superintendent may annul the teacher's certificate. 



STATE CERTIFICATES— BRANCHES. 121 

In case of a charge of deficiency in learning, tlie superintendent 
may re-examine after suitable notice, and may annul the certifi- 
cate for cause; and in case of charge of want of ability to teach, 
the superintendent should inspect the school. If he find the 
charges well founded he may advise the board to discharge the 
teacher, or he may proceed as directed in the comments under 
section 451. In all steps taken the superintendent is a judge, the 
teacher is defendant, and the complainant should sustain his 
charge by convincing proof. Any annulment of a certificate is 
subject to appeal and to reversal by the state superintendent. 

State certificates; high school principals' certificates. Section 
454. The state superintendent shall, before the fourth Wednes- 
day of August in each year, appoint three competent persons, resi- 
dents of this state, who shall constitute a board of examiners. 
Said board shall meet at the capitol once or more each year, at 
such times and also at such other places as the state superintend- 
ent shall prescribe, for the examination of all applicants for state 
certificates; provided, the state superintendent is hereby authoriz- 
ed to examine principals of high schools and of free high schools 
who shall have been elected superintendents of the city schools 
containing such high school, and to grant certificates to successful 
candidates, valid for one year and in a single locality. The state 
superintendent shall prescribe the manner of making application, 
of conducting and managing such examinations, reporting the 
results thereof, and with the advice of the examiners, in what 
branches of study, in addition to those fixed by law, the applicant 
for an unlimited state certificate shall be examined. 

Any one who contemplates writing under the state board of 
examiners for a state certificate, either the county superintend- 
ent's, the limited or unlimited, should apply to the state superin- 
tendent lor a copy of the program of the examinations and the 
governing rules and regulations. 

What branches; eifect of certificate. Section 455. To entitle 
an applicant to a limited state certificate the examiners shall 
be satisfied and report to the state superintendent that he pos- 
sesses the requisite scholarship in all the branches of study required 
for a first grade county certificate, and also in mental philosophy 
and English literature. To entitle him to an unlimited state cer- 
tificate they shall be satisfied and report that he possesses the 
requisite scholarship in all the branches above named, and in such 
others as shall have been prescribed. He shall furnish to the 
examiners such evidence of good moral character, experience and 
success in teaching as they may require, and upon their recom- 
mendation the state superintendent shall issue to him such cer- 
tificate as is awarded by their report. A limited state certificate 
shall qualify him to teach in any public school without further 



122 SCHOOL LAWS OF WISCONSIN. 

examination for five years from its date, unless sooner annulled, 
and an unlimited state certificate until annulled. 

Record of examination. Section 456. The state superintendent 
shall record the date of each certificate and the name, age and 
residence of the person to whom issued; and he shall preserve on 
file in his office all papers relating to the examination of appli- 
cants for state certificates. 

Compensation of examiners. Section 45 8. There shall be paid 
out of the state treasury to each examiner appointed as aforesaid 
five dollars per day for all time actually and necessarily spent in 
going to, holding and returning from any such examination, and 
all his actual and necessary expenses therein, to be fixed and cer- 
tified by the state superintendent. 

Certificates are granted on examinations conducted by oral and 
written questions, and upon the filing of evidence of moral char- 
acter and of successful teaching. Stationery is furnished free and 
no fee is charged. 

LIMITED CERTIFICATES. 

The requirements for these certificates are that each candidate 
. should pass a satisfactory examination on all the branches re- 
quired for a first grade certificate (see section 450 as amended by 
section 1, Chap. 378,- Laws of 1909), and in addition on psychol- 
ogy. Satisfactory evidence of good moral character and of suc- 
cess in teaching for at least twelve months is also required. 

Candidates are allowed to write at three successive sessions of 
the board of examiners, to complete the work. 

UNLIMITED CERTIFICATES. 

In addition to the examination provided for limited certificates, 
candidates for unlimited certificates must pass a satisfactory ex- 
amination in botany, political economy, history of education, zo- 
ology, general history, and in geology, or chemistry, or astron- 
omy as the applicant may choose. Latin may be substituted for 
the critical study of English literature. They must also furnish 
evidence of good moral character and of having taught success- 
fully at least twenty-four months. 

Applicants for state certificates should write to the state super- 
intendent for leaflet: Directions to candidates. 

City superintendents are frequently authorized by charters to 
examine and issue certificates to all teachers employed in the 
city. If elected to the principalship of schools the city superin- 
tendent may find it difficult to qualify under other statutes. Sec- 
tion 454 authorizes the state superintendent to examine and issue 
a certificate without convening the board of examiners. Princi- 
pals should apply for direction before entering upon service. 

State teachers' certificates; licenses, etc.; how obtained; state 
certificates granted by another state. Section 458a. The holder 
of a teacher's state certificate granted by another state, which is 



STATE CERTIFICATES— DIPLOMAS. 123 

equivalent to the Wisconsin unlimited state certificate, may re- 
ceive from the state superintendent, upon the recommendation of 
the Wisconsin state board of examiners, a Wisconsin unlimited 
state certificate. The applicant shall furnish such evidence of 
learning and good moral character as the board may require and 
also of two years' successful experience in teaching in the public 
schools of Wisconsin subsequent to the date of issuance of the 
foreign state certificate . The holder of such state certificate 
upon which a Wisconsin state certificate has not been issued in 
accordance with the provisions herein mentioned, may upon the 
recommendation of the state board of examiners, be granted a 
special license by the state superintendent, said special license 
legally qualifying the holder to teach for two years in a public 
school in Wisconsin. 

Normal school kindergarten diploma. Section 458b. The state 
superintendent shall issue to the holder of a diploma, granted by 
the board of regents of normal schools to any person who com- 
pleted the kindergarten training course established by said board 
in any of the state normal schools a license entitling the holder to 
teach in any public kindergarten in this state for one year. The 
holder of such a diploma may receive an unlimited state certifi- 
cate, entitling him to teach in any public kindergarten in this 
state for life, unless sooner revoked, upon the furnishing of evi- 
dence of good moral character, and one year's successful teaching 
after graduation, in a public kindergarten in the state of Wiscon- 
sin together with the certificate required in section 458b — 2. 

Normal school diploma of manual training or domestic science. 

Section 458b — 1. The state superintendent shall issue to the 
holder of a diploma granted by the board of regents of normal 
schools to any person who completes the training course for 
teachers of manual training or domestic science, established by 
said board in any of the Wisconsin state normal schools, a license 
entitling the holder to teach manual training or domestic science 
for one year in any school forming a part of the public school 
system. The holder of such diploma may receive an unlimited 
state certificate entitling him to teach manual training or domes- 
tic science in any public school in this state for life, unless soon- 
er revoked, upon furnishing evidence of good moral character and 
one year's successful teaching of such branches, after graduation, 
in a public school in the state of Wisconsin, together with the 
certificate required in section 458b- — 2. 

University of Wisconsin diploma. Section 458b — 2. 1. The 
president of the University of Wisconsin shall issue to all gradu- 



124 SCHOOL LAWS OF WlSCONSm. 

ates of the regular collegiate courses of such university, a certifi- 
ed stateraent showing the name of the graduate, the date of grad- 
uation, the course from which graduated, and the said graduate 
Has completed the course of pedagogical instruction prescribed by 
the university for all persons who intend to teach. This certifi- 
cate when presented to the state superintendent, shall entitle the 
holder thereof to receive a license qualifying the holder to teach 
in any public school in the state of Wisconsin for one year from 
'the date of issuance. 

Nornial school diploma (regular course). 2. The president of 
each state normal school shall issue to the graduates of the full 
course of the normal school, as well as to the persons completing 
the elementary course, a statement bearing even date with the 
diploma or certificate, setting forth the name of the person and 
the course from which graduated . This certificate when present- 
ed to the state superintendent, shall entitle the holder thereof 
to receive a license, qualifying the holder to teach in the public 
schools of Wisconsin for one year from date of issuance. 

Force of certificates granted. 3. The state superintendent, upon 
the presentation of a statement hereinbefore mentioned in this 
section, and satisfactory evidence of good moral character, and 
one year's successful teaching after graduation in the public 
schools of the state of Wisconsin, shall issue certificates as fol- 
lows: To any person who shall hold a university or normal 
school diploma, an unlimited state certificate; to any person who 
shall hold a normal school elementary certificate, a limited state 
certificate, qualifying the holder, to teach in a public school for a 
period not to exceed six years from the date of issuance of the 
normal school certificate. Neither a limited state certificate, nor 
a license to teach based upon the certificate from the elementary 
course of a normal school shall qualify the holder as principal of 
a free high school having four years course of study. 

Diplomas; state certificates. Section 458c. The holder of a 
diploma granted by any incorporated college or university whose 
regular collegiate courses are fully and fairly equivalent to cor- 
responding courses of the University of Wisconsin, or the hold- 
er of a diploma granted by a state normal school whose courses 
of study are fully and fairly equivalent to the courses of study 
in the Wisconsin normal schools, may present such diploma, to- 
gether with evidence of the required standing of the college, 
university or normal school granting the same, to the board of 
examiners. The applicant shall furnish therewith testimonials 



STATE CERTIFICATES— KINDERGARTEN TEACHERS. 125 

of good moral character, and, if a holder of a diploma granted 
by any such college or university located within this state, of one 
year's successful teaching in a public school after the date of 
said diploma; if a holder of a diploma, granted by any such col- 
lege, university or normal school not located within the state, the 
applicants shall furnish therewith like testimonials of good moral 
character, and of two years' successful teaching in a public school 
after the date of said diploma. The holder of any such diploma 
recommended favorably by the board shall be entitled to receive 
an unlimited state certificate. The holder of a diploma granted 
upon the completion of a course of study accredited as herein pro- 
vided, upon which a state certificate has not been issued, upon 
the recommendation of the board of examiners made in pursu- 
ance of such examination as to learning, moral character and 
ability to teach as said board may require, may be given a special 
license by the state superintendent to teach for two years in a 
public school. (1S9D c. 231) 

These sections are of interest only to those who have graduated 
from some normal school, college, university, kindergarten school 
or department, manual training or domestic science school or de- 
partment, and teachers who have secured state certificates in 
other states. It provides that in place of countersigning diplomas, 
the state superintendent shall issue state certificates. This will 
make it unnecessarj^ to file the diplomas with the state superin- 
tendent, but certain credentials, testimonials, etc., as evidences 
of scholarship, ability, and character, must be filed with the state 
superintendent before the state certificate will be granted. 

Revocation of state certificate, etc. Section 458e. Any state 
certificate or license, or the equivalent of them, may be revoked 
by the state superintendent for incompetency or immoral conduct; 
but before any such revocation the holder shall be served with a 
written statement of the charges against him and shall have an 
opportunity for defense. 

Note. Section 4.58f relating to the countersignature of the di- 
ploma of Milwaukee high school was repealed by chapter 182, laws 
of 1911. 

Kindergarten teachers; legal qualifications. Section 458g. A 
diploma granted by the board of regents of normal schools to any 
person who completes the kindergarten training course establish- 
ed by said board in any of the state normal schools, shall be 
regarded as a certificate legally qualifying the holder thereof to 
teach for one year in any kindergarten forming a part of the pub- 
lic school system, or in the first three years of the primary grades 
of such system (the words "primary grades" shall be construed 
as in section 1 of chapter 248, laws of 1905); and the state super- 
intendent may, after such examination as to moral character, 



126 SCHOOL LAWS OF WISCONSIN. 

learning and ability to teach as to him may seem proper, coun- 
tersign such diploma if, since receiving it, the holder has taught 
in a public kindergarten or in primary grades in this state one 
year, and thereafter such countersigned diplomas shall qualify 
to so teach until the same shall be annulled. (1907 c. 311) 

See section 458b for directions as to licenses and state certifi- 
cates. The diploma is no longer to be considered a license and 
no more diplomas can be countersigned. The license and state 
certificate mentioned in section 458b legally qualify the holder to 
teach in primary grades as designated and interpreted in section 
458g printed above. 

Qualiflcations of teachers. Section 458ha. After the first day 
of July, 1900, graduates of colleges and universities, in order 
that their diplomas may become an authorization to teach in the 
public schools of this state, as now provided by law, must pre- 
sent with them to the state superintendent of public instruction 
satisfactory evidence of having given to psychology and pedagogy 
at least as much study as is required, in this state, of candidates for 
a life certificate. (1899 c. 120) 

The circular relating to state examinations will give some idea 
as to what this requirement is. 

The above sections and chapters cover points relating to the 
countersignature of diplomas and state certificates and the issu- 
ance of licenses and certificates by the state superintendent. The 
testimonials sent must be originals, not copies, and the state- 
ments made in regard to moral character must be clear and 
specific. In securing evidence of the moral character and success 
in teaching necessary before diplomas from normal schools and 
state universities can be countersigned the following information 
must be given: 

Name and address of the superintendents under whom you have 
taught months. 

Name and address of the principal under whom you last taught, 
if you taught in a graded school or as an assistant in a high 
school; grade of work: 

Names and addresses of two members of the school board by 
whom you were employed when you last taught: 

If during your months' teaching you have been em- 
ployed by more than one board, give the names and addresses of 
two members of each two boards: 

Name of any other well known school man who has personal 
knowledge of your work in the classroom: 

From what school do you hold a diploma? 

From what course? ' 

Date of diploma 

Have you passed an examination for a state certificate? 

If so, when? 

Where? 

If you hold a diploma, or a state certificate from another state 
upon which document you apply for a state certificate in Wiscon- 
sin, forward the document so held to the state superintendent, if 
he has not already received it. 

Your name 

Address 

Date ,,..,,.,,,,,,, , ,,, ,... 



CERTIFICATES— DIPLOMAS— SPECIAL LICENSES. 127 

This information must be mailed to the state superintendent. 
Blanks prepared for giving this information will be promptly 
mailed to any one wishing to make application for countersigna- 
ture of his diploma or recognition of his certificate. The state 
superintendent will communicate at once with the parties named 
and receive laeir estimates of the work and character of the ap- 
plicant. 

State siiijerintemlent; si;ecial licenses; state certificates; diplomas. 

Section 4581. The state superintendent is authorized and empow- 
ered to countersign diplomas and issue state certificates to per- 
sons who are engaged in supervising work in the public schools 
or teaching in colleges or normal schools, otherwise legally quali- 
fied under existing statutes or are recommended by the state 
board of examiners. 

Section 4i")8j. The state superintendent may issue a special 
license good only until the next meeting of the state board of 
examiners in cases where the applicant gives satisfactory evidence 
that his qualifications and credentials shall meet the requirements 
of the board of examiners; said temporary license to be issued 
only in urgent cases and in order that the school board, or board 
of education may be legally authorized to pay the salary of said 
teacher from the funds of the district for services rendered. 

Section 45 8k. The state superintendent may upon the recom- 
mendation of the state board of examiners, grant a special certi- 
ficate legally qualifying the holder to teach such special branch 
or branches In the public schools as may be named on the face 
of the certificate. 

Section 4.58 I. Upon the recommendation of the state board 
of examiners an applicant may be granted a limited special cer- 
tificate qualifying him to teach not more than one special branch 
in the public schools, said certificate being limited to one particu- 
lar school or district to be named in the certificate, said certificate 
to be null and void in any other school or district. (1905 c. 231) 

Other diplomas; special license. Section 45 8n. The holder of a 
diploma granted by any manual training school or school of do- 
mestic science, upon the completion of a training course for teach- 
ers in either subject fully and fairly equivalent to the course of 
instruction for teachers in the same subjects prescribed by the 
board of regents of normal schools, may present such diploma, 
together with the evidence of the required standing of the train- 
ing school issuing such diploma, to the state board of examiners. 
The applicant shall furnish therewith testimonials of good moral 
character and of two years' successful teaching of manual train- 
ing or domestic science, as the case may be, in the public schools 
of the state after the date of such diploma. The holder of any 



128 SCHOOL LAWS OF WISCONSIN. 

such diploma, recommended favorably by the board, shall be en- 
titled to receive a certificate issued by the state superintendent, 
qualifying the holder as a teacher of manual training or of do- 
mestic science, until the same shall be annulled. The holder 
of a diploma granted upon the completion of a course of study, 
accredited -as herein provided, upon which a state certificate has 
not been issued, upon the recommendation of the board of exam- 
iners made in pursuance of such examination as to learning, moral 
character and ability to teach as said board may require, may 
be given a special license by the state superintendent to teach 
manual training or domestic science as recommended by the board, 
for two years in the public schools of the state. 
{1S09 c. l-'iS; Supl. 1906 s. IfSSp; 1907 c. 118.) 

Certificates for teachers of special branches in cities. Section 

458p (Chapter 148, Laws of 1899.) Any city superintendent of 
schools may issue certificates to teachers of special branches qual- 
ifying them to teach such branches in the schools under his super- 
vision, after such examination as to their fitness to teach such 
branches as may be provided by the school board and approved 
by the state superintendent. 

By this law, the powers of city pnperintenaents of schools are 
somewhat enlarged. 

Diplomas of kindergarten training schools. Section 458q. 1. 
The holder of a diploma granted by any kindergarten training 
school whose course of instruction is fully and fairly equivalent 
to the course of instruction in kindergarten training prescribed 
by the board of regents of normal schools in any of the state 
normal schools, may present such diploma, together with evidence 
of the required standing of the kindergarten training school is- 
suing such diploma to the state board of examiners. 

2. The applicant shall furnish therewith testimonials of good 
moral character and of one year's successful teaching in a kin- 
dergarten or primary grades in the public schools in Wisconsin 
after the date of such diploma. 

3. The holder of any such diploma recommended favorably by; 
the board shall be entitled to receive a certificate issued by the 
state superintendent qualifying the holder to teach in any public 
kindergarten or primary grade in the state, until the same shall 
be annulled. 

4. The holder of a diploma granted upon the completion of a 
course of study accredited as herein provided, upon which a 
state certificate has not been issued, upon the recommendation of 
the board Qt examiners made in pursuance of such examination as 



CERTIFICATES— KINDERGARTEN TEACHERS. 120 

to learning, moral character and ability to teach as said board 
may require, may be given a special license by the state superin- 
tendent to teach for one year in any kindergarten or in primary 
grades in the public schools of Wisconsin. 

Under the provisions of this chapter a teacher who holds a 
countersigned kindergarten diploma, or a license or state certifi- 
cate based upon a kindergarten diploma, is legally qualified to 
teach in the lower grades of the public school, provided that such 
teaching shall be confined to the first three years' work. The law 
is also retroactive inasmuch as it enlarges the legal qualifications 
of those who have received countersigned diplomas in past years. 

Uiiliniitetl certificates. Section 4.58r. An unlimited state certifi- 
cate qualifying the holder to teach in any public kindergarten in 
the state until annulled, shall be issued by the state superintend- 
ent to any person recommended for such certificate bj the state 
board of examiners, after such examination as shall satisfy the 
examiners that the applicant possesses the requisite scholarship 
in all the branches prescribed in the course of instruction for kin- 
dergarten training by the board of regents of normal schools for 
any of the state normal schools; provided, further, that the appli- 
cant shall furnish to the examiners such evidence of good moral 
character, experience, and success in teaching as they may require. 

Kiiide; g.arten teachers; exaniinations for. Section 458s. In 
addition to the foregoing there are hereby established three grades 
of certificates for kindergarten teachers, to be known as first, second, 
third . Every applicant for^ a kindergarten certificate shall be ex- 
amined in the subjects hereinafter mentioned for the several grades 
respectively, as follows: For the third grade in orthoepy, orthog- 
raphy, reading, writing, arithmetic, English grammar, physiology 
and hygiene with special reference to the physiology and hygiene 
of childhood, drawing, music, juvenile literature and theory and 
art of kindergarten teaching. For the second grade, in all the 
foregoing, and also in general literature and the elements of bota- 
ny. For the first grade, in all the foregoing; and also in the history 
of education as related to the development of the kindergarten, 
and in the elements of zoology. If found qualified, the applicant 
shall receive the certificate of appropriate grade. The third grade 
certificate shall entitle the holder to teach in any kindergarten 
for such period not more than one year may be specified therein, 
in any town or city in the superintendent district in which the! 
applicant is examined, except that it may be limited by the county 
or superintendent to one town or school therein. A second grade 
certificate shall entitle the holder to teach in any kindergarten in 
any town or city in such superintendent district and be in force 

9 — S. L. 



130 SCHOOL LAWS OP WISCONSIN. 

for two years from its date; a first grade certificate shall entitle 
the holder to teach in any kindergarten in any town or city in 
such superintendent district and be in force for four years from 
Its date; but the county or city superintendent may limit the same 
to one year and remove the limitations upon satisfactory evidence 
that the holder has successfully taught in a public kindergarten 
in this state for at least six months. 

If a person pass a satisfactory examination by any county or city 
superintendent and obtain a certificate of either grade, and propose 
to teach in another superintendent district, it shall be lawful for 
the superintendent holding the papers written at the examination 
for such certificate, upon the request of any county or city super- 
intendent, to transfer such papers to him, and if found satisfactory, 
a certificate thereon, of the proper grade, to be coterminous with 
the original certificate, may be issued by him, to the same effect 
as though he had examined the applicant himself. 

Scope of this law. Section 458t. After July 1, 1902, no person 
shall be deemed a legally qualified kindergarten teacher in the state 
of Wisconsin who does not hold a certificate granted by the proper 
officer under the provisions of this act; provided, that nothing 
herein shall operate to invalidate kindergarten certificates issued 
under the authority of the board of education of any city prior to 
the passage of this act; nor to effect the validity of kindergarten 
certificates issued under the provisions of section 458g of statutes, 
and provided further, that the provisions of this act shall not apply 
to cities of the first class. 



LEGAL SCHOOL HOLIDAYS. 

Attendance upon institute or teachers' association. Section 45 9. 
Twenty days of teaching shall constitute a school month unless 
it be otherwise specified in the contract, and all legal holidays 
except the day of any primary election or any general election 
occurring on school days shall be counted although no school 
be taught; but school taught on legal holidays shall not be 
counted for two school days, and no Saturday shall be counted. 
The board may give to any teacher employed, without deducting 
from his wages, the whole or any part of any time spent by him 
in attending the sessions of any institute held in the county em- 
bracing any part of the district, or in attending the meeting of any 
teachers' association upon such teachers furnishing to the clerk, 
to be filled by him a certificate of regular attendance on such in- 



HOLIDAYS— TEACHERS' REPORTS— REGISTER. 131 

stitute or teachers' association, signed by the person conducting the 
institute or by the secretary of the association. (1007 c. 92) 

This chapter abolishes general election day (the first Tuesday 
after the first Monday in November in every even numbered 
year and primary election day, the first Tuesday in September in 
even numbered years), as legal school holidays. Legal holidays 
can only be counted in favor of the teacher or the school district 
when they occur on school days and when school under other cir- 
cumstances would be in session. The school holidays now recog- 
nized by statute are: .January 1st, February 22nd, May 30th, 
July 4th, Labor Day — usually occurring the first Monday in Sep- 
tember in accordance with a proclamation by the Governor — 
Thanksgiving Day — usually the last Thursday in November— and 
Christmas Day; "When legal holidays occur on Sunday, the follow- 
ing Monday is the holiday. 

School boards and teachers should take notice that the teacher's 
month is always twenty days, unless otherwise specified in the 
contract; also, that no Saturdays taught, but all legal holidays • 
occurring while school is m session are to be counted as days 
taught. 

It is recommended that school boards exercise the power given 
in this section, and allow teachers to attend institutes without 
deducting the time. The consent of the board to attend an in- 
stitute or association occurring while school is in session must 
be obtained from all or a majority of the board at a board meet- 
ing held under the provisions of section 432. The certificate of 
attendance required by the law should be surrendered to the 
clerk before an order for wages is drawn. 

SCHOOL REGISTER. 

Teacher's report. Section 460. The teacher shall enter in the 
register furnished by the clerk the names, ages and studies of all 
scholars attending school, and daily their attendance and absence and 
such other facts as the county superintendent or state superintendent 
may require; which register the teacher shall deliver to the clerk at 
the close of his service or whenever it may be required for the use of 
the board. The teacher shall make in writing and transmit to the 
board or to the county superintendent a report concerning any matter 
relating to his school in such manner as the board or the superin- 
tendent may prescribe; and any teacher who shall wilfully neglect or 
refuse to make entries in the register as above required shall forfeit 
his wages for teaching during the time of such neglect or refusal. 

It is the duty of the clerk to furnish the teacher with a regis- 
ter (subdivision 5, of section 446), and to call attention to the 
penalties of wilful neglect or i efusal to comply with this require- 
ment. 

Economy will be served if bound books be procured for regis- 
ters. While registers are not supplied by the state superintend- 
ent, approved registers may be obtained of firms that deal in 
school supplies. 

The clerk should examine the register during the term to aid in 
securing that accuracy in the method of keeping it that will en- 
able him to make a reliable report to the town clerk, and he 



132 SCHOOL LAWS OF WISCONSIN. 



should require the teacher to return the register at tire end of 
the term. The teacher should also fill out a condensed report at 
the end of each term and at the close of the school for the year. 
Such reports are easily furnished by the teacher and are helpful 
in securing accurate reports from school officers. 

Special report cards devised and sent out by the state superin- 
tendent to the county superintendent and by the county superin- 
tendent to the teachers are to be filled out by the teacher in dupli- 
cate at the close of the last school term. The clerk will find this re- 
port helpful to him in giving the statistics relating to the school 
and demanded in his annual reoort to the town clerk, and he 
should not fail to demand this blank fully filled out, from, the 
teacher as soon as the school is closed for the year. 



TEACHERS' INSURANCE AND RETIREMENT FUND. 

Insurance fund; how administered. Section 460 — 1. 1. There is 
created a teachers' insurance and retirement fund, which shall be man- 
aged by a board of trustees to be known as the board of trustees of the 
teachers' insurance and retirement fund. Such board shall consist of 
five members. The state treasurer and the state superintendent of pub- 
lic instuction shall be ex-officio members of said board; three mem- 
bers, one of whom shall be a woman, shall be elected by the mem- 
• bers of the teachers' insurance and retirement fund at their annual 
meeting as provided in subsection 2 of this section. One such elective 
member may be a retired member of the fund. No teacher shall be 
elected as a member of the board of trustees by the members of said 
fund, who is not a member of said fund at the time of election. The 
term of office of elective members of said board of trustees shall be 
three years, except as provided in subsection 3 of this section, and 
shall begin on the first day of January next succeeding after such 
election takes place, provided that the elective members of the first 
board of trustees shall assume office immediately after their elec- 
tion. 

Trustees elected at state teachers' association. 2. At the time 
and place of meeting of the Wisconsin state teachers' association 
for the year 1911, those teachers described in and complying with 
section 460 — 8 shall be qualified to meet for the purpose of elect- 
ing from such qualified teachers members of the board of trustees 
of the teachers' insurance and retirement fund, as provided in section 
460^1. 

Teachers to elect board of trustees. 3. The teachers qualified, 
as provided in section 460 — 8, shall at the annual meeting for 1911 
elect as members of the board of trustees, as provided in section 
460 — 1, one male teacher for a term of one year, one male teacher for a 
term of two years, and one female teacher for a term of three years; 



TEACHERS' INSURANCE AND RETIREMENT FUND. 13^ 

and annually thereafter, at the time and place of meeting of the Wis- 
consin state teachers' association, the board of trustees shall call a 
meeting of the members of the fund for the purpose of electing 
membeis of the boaid of trustees, of making the annual report of 
said fund, and for the transaction of such other business as may 
pertain to the interests of the fund. 

\'acaiK'y iu hoard ol" trustees. 4. In case any vacancy occurs 
among the members of the board elected at the annual meeting of 
said members of the fund, said board shall fill said vacancies un- 
til the next annual meeting of the members of the fund, when said 
members at said annual meeting shall elect a trustee for the unex- 
pired term. 

Temorary board. 5. In the interval of time between the pas- 
sage of this act and until the elective members of the first board 
of trustees assume office, as provided in subsection 1 of this section, 
the state superintendent of public instruction and the state treasur- 
er shall constitute a temporary board of trustees of the teachers' 
insurance and retirement fund. Said temporary board shall ac- 
count ior all its transactions pertaining to the fund in the same 
manner as the said board of trustees. (IDll c. 223) 

Trustees; how organized. Section 46 — 2. Said board of trus- 
tees shall organize by the election of a president. The state treas- 
i.iei shall be ex-officio treasurer cf said board, and shall receive 
and make payments fiom and account for said funds in the same 
manner as for other state funds. Said board may employ a secre- 
tary to be chrstn for such a term as shall be determined by said 
board. Said secretary shall perform such duties in connection 
v. ith the teachers' insurance and retirement fund as may be pre- 
scribed by the board. 

Trustees to meet. Section 46 0. — 3. Said board shall meet dur- 
ing the month of September of each year at its office at a time to 
be fixed by the board and at any other time on the call of the 
president or of any two members thereof. Said board may adopt 
rules for the government of its meetings and for membership in 
the fund payments thereto and therefrom, and for other matters 
which will be calculated to aid teachers in securing the benefit of 
the fund. ' t\ 

Trustees to serve without pay. Section 46 — 4. Members of 
said board shall receive no compensation except their necessary 
traveling expenses incuired in attending the meetings, to be paid 
from the teachers' insurance and retirement fund upon the certifi- 
cate of the president and secretary; but if the board shall elect 



134 SCHOOL LAWS OF WISCONSIN. 

one of its members secretary, such member shall receive compen- 
sation for services rendered as secretary. The secretary of said 
board shall receive a salary to be fixed by the board, at an amount 
not to exceed twelve hundred dollars per annum. The compen- 
sation of the secretary and any other necessary expenses incurred 
by. said board in carrying out the provisions of sections 460 — 1 to 
460 — 20, inclusive, shall be paid from the fund. (1911 c. 323) 

Fund cared for and invested. Section 46 — 5. Said board shall 
have charge of the fund and shall invest the same under the same 
conditions as the trust funds of the state may be invested. (1911 
c. 323) 

Trustees to report annually. Section 460 — 6. Said board shall 
report annually as of the year ending the first day of September, 
A copy of said report shall be transmitted to the annual meeting of 
the members of the teachers' insurance and retirement fund and 
to the state superintendent of public instruction. Said superintend- 
ent shall include a copy of said report in his biennial report to the 
governor. (1911 c. < 



Board not a corporation. Section 46 — 7. Said board shall not 
be a corporation, but may sue and be sued in the name of the board 
all actions brought by or against the board shall be prosecuted or 
defended, as the case may be, by the attorney general. (1911 c. 



Duties of school officers. Section 46 — 8. 1. Each school dis- 
trict board, each high school district board, each town board of 
school directors, each board of education, or other managing body, 
of each city, and of each school district, and of each village, and of 
each town operating its schools under the township system of school 
government, shall retain on every pay day from the salary of each 
teacher in their respective schools the amounts herein provided. 
Each teacher shall be furnished a statement by such board, showing 
the amount so deducted from his or her salary. 

Teachers assessed. 2. Every teacher shall be assessed upon his 
or her salary as teacher for a period of twenty-five years as fol- 
lows: one per centum per annum, but not more than fifteen dollars 
per year, for each of the first ten years of service as teacher; and 
two per centum per annum, but not more than thirty dollars per 
year, for each successive year of service as teacher, until said teach- 
er shall have had a total of twenty-five years of teaching service 
when said assessments shall cease. The total amount paid into 
said fund by each teacher shall be based upon said twenty-five years 
of service as teacher with assessments as provided in this subsec- 
tion; provided that such total amount shall not be less than the 



TEACHERS' INSURANCE AND RETIREMENT FUND. 135 

full amount of the annuity to which such teacher shall be entitled 
for the first year. 

Teachers to become liable. 3. In becoming a teacher in said 
public schools after September 1, 1911, he or she shall be conclus- 
ively deemed to undertake and agree to pay such assessments, and 
to have such assessments deducted from his or her salary as herein 
provided. 

Teachers may elect to become members. 4. Any person employed 
as teacher in said public schools, when this act takes effect, may, 
at any time before September 1, 1912, elect to come within the 
provisions of sections 460 — 1 to 460 — 20, inclusive, by notifying in 
writing the board of trustees of the teachers' insurance and retirement 

fund. 

'1 

Teacher to give notice to the trustees. 5. At the time of giving 
said notice to the board of trustees, as herein provided, such teacher 
shall notify the local school board or any other managing body in 
writing of his or her election to come within the provisions of this 
act; and shall authorize said school board, as a part of said notice, 
to deduct from each payment of salary due him or her a sum equal 
to said per centum of such payment as provided in subsection 2 of 
this section. (1911 c. 323) 

Duties of various boards. Section 460 — 9. 1. Each such school 
district board, each high school district board, each town board of 
school directors, each board of education, or other managing body, 
shall each year, betweexi the 2 0th and 30th days of June forward 
to the treasurer of the town, village, or city in which the school- 
house of said teacher is located, a statement verified by the secre- 
tary or clerk thereof of the moneys so retained, in accordance with 
the provisions of section 460 — 8 together with said moneys so retained. 

What the statement shall include. 2. Said statement shall also 
include the following: Name and monthly salary of each of said 
teachers; number of months of school taught by each teacher in said 
public schools of the district, village, or city over which said school 
board, or other managing body, has jurisdiction during the school 
year for which the statement is made; the number of months con- 
stituting a school year in such district, village, or city; the total 
salary of each teacher; the total amount withheld from the salary 
of each teacher, in accordance with the provisions of section 460 — 8; 
the total amount so withheld from the salaries of all of said teachers 
for the school year, next preceding; and the total number of years 
each teacher has taught in the public schools of the state. 



136 SCHOOL LAWS OP WISCONSIN. 

Copy to be sent to the superintendent. 3. Said scliool board shall 
at the same time send a copy of said statement to the superintendent 
of the county, district, or city in which said schoolhouse is located. 

If no teacher in the district, etc., conies under this act. 4. If no 

teacher in such city, village, town, or school district comes under 
the provisions of section 460 — 8, the school board or other managing 
body of such city, village, town, or school district shall state this fact 
under the oath of the secretary or clerk thereof to the treasurer of 
said city, village, or town; and shall at the same time forward a 
copy of said statement to the superintendent of said county, district, 
or city. 

Duties of superintendents. 5. Each county, district, and city 
superintendent shall each year, between the 30th day of June and 
the 10th day of July report under oath to the board of trustees of 
the teachers' insurance and retirement fund. Said report shall con- 
tain an itemized account of the statements received by him from the 
school boards and a statement of the total amount withheld from 
the salaries of all of said teachers in said report. 

Complete records to be kept. 6. The board of trustees of the 
teachers' insurance and retirement fund; each county, district, and 
city superintendent; each school district board; each high school 
district board; each town board of education, or other managing 
body, shall keep complete records of the data contained in said re^ 
ports and of the statements hereinbefore mentioned. 

Treasurers to certify moneys I'eceived. 7. Each town, village, 
and city treasurer shall, between the 30th day of June and the 10th 
day of July of each year, certify under oath to the county treasurer 
the amount of moneys so received from such school board or other 
managing body, and shall forward to the county treasurer with such 
sworn statement the money so received and certified. 

County treasurer to transmit funds. 8. Between the 15th day 
of July and the 1st day of August of each year, the county treasurer 
shall transmit to the state treasurer all moneys which he has re- 
ceived from the treasurers of the towns, villages, and cities in 
accordance with the provisions of this section; and shall certify under 
oath to the board of trustees of the teachers' insurance and retire- 
ment fund the amount so received and transmitted to the state treas- 
urer, f.s herein provided. 

State treasurer to credit sums received, 9. The state treasurer 
shall credit all moneys received under the provisions of sections 
460^1 to 460 — 20, inclusive, to the fund designated as the teachers' 
insui-ance and retirement fund. 



TEACHERS' INSURANCE AND RETIREMENT FUND. 137 

renalty if report is not made. 10. No city, village, town, or 
school district shall share in any of the seven-tenths mill tax appor- 
tioned for any year, unless it has made the report as herein provided 
and paid over to the state treasurer for the teachers' insurance and 
retirement fund such per centum, as provided in subsection 2 of sec- 
tion 460 — 8, of the total sum paid in wages to such teachers as 
come under the provisions of sections 460 — 1 to 460 — 20, inclusive. 
(1911 c. 32.J) 

Duty of state treasurer. Section 460 — 10. The state treasurer 
shall annually set aside from that portion of the common school 
fund known as the seven-tenths mill tax, or from any other general 
state tax levied for the support of said schools, ten cents for each 
person of school age in this state. (1911 c. 323) 

What moneys constitute fund. Section 460 — 11. The moneys 
received under the provisions of section 460 — 8 to 460 — 10, in- 
clusive, together with donations or legacies received therefor, or 
moneys received from any legal source of increment, shall constitute 
a fund to be known as the "teachers' insurance and retirement 
fund." (IDll C.323J 

Assessment; how determined in ceitain cases. Section 460 — 12. 
Any teacher coming from schools not included under the provisions 
of sections 460 — 1 to 460 — 20, inclusive, shall pay assessments for said 
years of service in such schools, as provided in section 460 — 13, based 
upon his or her first annual salary in said public schools of the state, 
together with the regular assessments as provided in subsection 2 of 
section 460 — 8, before receiving any retirement annuity. (1911 c. 323) 

Teacher may retire. Section 46 — 13. Any teacher who may be 
teaching in said public schools and who has complied with the pro- 
visions of sections 460 — 1 to 460 — 20, inclusive, may retire and re- 
ceive the annuity provided for in the following cases: 

Retiring after twenty-five years. 1. After a period or periods ag- 
gregating twenty-five years of service as teacher, of which eighteen 
years must have been spent in the public schools of this state, pro- 
vided that payments by said teacher to the fund shall have amount- 
ed to a sum as provided in section 460 — 8. If said payments shall 
not have amounted to said sum, the teacher shall pay into the fund 
the deficiency before receiving said annuity. 

Retiring after eighteen years. 2. After eighteen years of 
service as teacher in the public schools of the state, when said 
teacher suffers from a permanent mental or physical disability, to be 
determined by said board after an examination by two jihysicians 



138 SCHOOL LAWS OF WISCONSIN. 

appointed by said board, provided that payments by said teacher 
to the fund shall have amounted to a sum as provided in section 
460 — 8. If said payments shall not have amounted to said sum, the 
teacher shall pay into the fund the deficiency before receiving the 
annuity. The examination fees of such physician shall be paid by 
said applicant. 

Term of service; how computed. 3. In computing the terms 
of service under subsections 1 and 2 of this section, a year shall be 
a legal school year at the time and place where said service was 
rendered, except that where the service was rendered in schools not 
included within the provisions of sections 469 — 1 to 460 — 20, inclusive, 
a time less than a legal school year in this state, shall not be included 
as a year, but only as such proportion of a year as the number of 
teaching weeks in each such year bears to the number of weeks re- 
quired at the time to constitute a legal school year in this state. 

Application for annuity; hoAv made. 4. Any person who has 
complied with the provisions of sections 460 — 1 to 460 — 20, inclusive, 
and desires to retire from active service in said public schools shall 
apply in writing to the board of trustees of the teachers' insurance 
and retirement fund. (1911 c. 323) 

Amount of annuity. Section 460 — 14. 1. Each teacher retiring 
from the service of said public schools under the provisions of sub- 
sections 1 and 2 of section 46 — 13 shall annually and for life be 
entitled to receive as annuity twelve dollars and fifty cents for each 
year of service as teacher; provided that said annuity shall not ex- 
ceed four hundred and fifty dollars in any one year, subject, how- 
ever, to all the provisions of sections 460 — 1 to 460 — 20, inclusive. 

Annuities may be reduced. 2. The board of trustees may ratably 
reduce the annuities provided in this act whene-ver, in the judgment 
of the board, the condition of the fund shall require such reduction. 

If person stops teaching. 3. Any teacher who shall cease to 
teach in said public schools before receiving any benefit or annuity 
from the fund, shall, if application be made in writing to the board 
of trustees within six months after the date of his or her resigna- 
tion, be entitled to the return of one-half of the amount, without 
interest, which shall have been paid into the fund by such teacher. 
If such teacher should again thereafter teach in said public schools, 
he or she shall, within one year from the date of his or her return 
to the service in said public schools, refund to said fund the amount 
so returned to such teacher, together with simple interest on said 
amount (but not to exceed four per centum per annum) for the 
time such amount was withdrawn from the fnn^. 



TEACHERS' INSURANCE AND RETIREMENT FUND. 139 

rayments made quarterly. 4. The state treasurer shall pay said 
annuities quarterly in September, December, March, and June of 
each year, upon the warrants of the secretary of state issued upon 
certificates of the president and secretary of said board. No pay- 
ments shall be made prior to September, 1912. 

I'aymeiits to be made from fund. 5. Payments from the fund 
shall be made from the income thereof and in addition thereto, 
when necessary, from the principal of moneys received under sec- 
tions 460 — S to 460 — 10, inclusive. (Idll c. 323J 

Leave of absence may be granted. Section 460 — 15. One year's 
leave or leaves of absence granted by the proper authorities of any 
said public schools to any teacher under the provisions of sections 
460 — 1 to 460 — 20, inclusive, shall be computed as a part of said 
twenty-five years of service, provided that the payments to said fund 
shall be continued during said leave of absence and shall equal the as- 
sessment paid by such teacher for the year next preceding the period 
or periods of absence respectively. Not more than one full school 
year's leave or leaves of absence in the aggregate shall be computed as 
a part of said twenty-five years of service of said teacher; and in case 
of absence of less than a school year, only the time covered by such 
absence shall be so computed. (1911 c. 323) 

If person retires and then begins teaching again. Section 460 — 
16. Any person retiring under sections 460 — 1 to 460 — 20, inclusive, 
may again enter upon the work of teaching in said public schools; 
during said term of teaching the annuity paid to such person shall 
cease. Said annuity shall again be paid to said person upon his or her 
further retirement. (1911 c. 323) 

Annuities not subject to attachment. Section 460 — 17. The an- 
nuities so created shall not be subject to attachment, garnishment, 
execution, or other seizure on process, nor shall they be subject to 
sale, assignment, pledge, mortgage, or other alienation. (1911 c. 323) 

Office to be furnished. Section 460 — 18. A suitable office in the 
capitol with suitable furniture and office supplies shall be furnished 
the board of trustees of the teachers' insurance and retirement fund. 
(1911 c. 323) 

The term "teacher" defined. Section 460 — 19. The term teacher 
as used in sections 460 — 1 to 460 — 20, inclusive, shall include all per- 
sons employed in teaching by any city board of education or school 
board or other managing body of any city, town, village, or rural 
school district in this state and all superintendents and assistant 
superintendents of said schools, all supervisor of instruction, all prin- 



140 SCHOOL LAWS OP WISCONSIN. 

cipals and assistant principals and special teachers of said schools. 
(1911 c. 323) 

Cities of the first class omitted. Section 460- — 20. Sections 460—1 
to 460 — 20, inclusive, shall not apply to cities of the first class. (1911 
c. 323) 

COLNTY SLFERINTENDENT 

■ His duties. Section 461. It shall be the duty of every county 
superintendent: 

License teachers. 1. To examine and license teachers in his 
district and to annul certificates as provide by' law. 

The purpose of teachers' examinations is to ascertain the attain- 
ments of applicants in the branches set forth in the law, and 
their ability to instruct. Character and conduct are important 
factors in a teacher's equipment, and so the law restrains super- 
intendents from granting certificates to persons known to them to 
be immoral. A formal examination into the moral character of 
applicants seems to be impracticable, but superintendents should 
be no less alert to save pupils from the contamination that would 
result from licensing unprincipled persons. Applicants that are 
unknown to the examiner should be required to furnish satisfac- 
tory evidence that their conduct is above reproach. The law 
wisely forbids tne use of religious tests, but that sound morality 
that constitutes the recognized rules* of life among right thinking 
people is not sectarian. 

See sections 448-452, inclusive, regarding certificates. 

The law sets forth the branches in which applicants must be 
examined, and the different certificates which superintendents are 
authorized to grant. The method of examination is by written 
and oral questions. In the preparation of questions care should 
be observed that they are made to involve principles rather than 
facts, and they should be so framed as to test the applicant's abil- 
ity to develop a subject by correct methods, and to secure to pu- 
pils the disciplinary value of the study. They should be suffi- 
cient in number to constitute an adequate test. 

Superintendents should discriminate between the standard of at- 
tainments in branches of study and the standing in these 
branches. The standard is the examiner's judgment as to the 
ability and scholarship requisite for a teacher. Standing is the 
applicant's attainments in the several branches as indicated by the 
examination. 

Care in the formation of the standard required will aid in de- 
termining the plan of examination and the questions to be sub- 
mitted. The sole purpose of examinations is to test the ability 
and attainments of applicants as measured by a required standard, 
and hence some standard is a pre-requisite to intelligent work in 
examinations. If the examiner prefers not to know whose papers 
he examines, he may give each candidate a number to be placed 
upon his paper instead of his name. The preliminary paper, pre- 
pared by the candidate, should show his number, which will af- 
ford a means of identifying his papers after they have been exam- 
ined and the results determined. Whichever method is adopted, 
the examiner will not be relieved from the duty of justifying his 
m9,rkings when called upon to do so. 



COUNTY SUPERINTENDENT. 141 

In conducting the oral examination, the examiner should care- 
fully note pronunciation, choice of words, facility of illustration, 
and manner of address, with a view to the formation of relatively 
just judgments. The oral examination affords an excellent test of 
a person's ahility to impart instruction. All applicants deserving 
certificates should speak the English language readily and cor- 
rectly. 

The law does not require the attainment of any age as essential 
for a certificate. The question for the examiner to determine is 
one of capacity and fitness to perform the duties and to meet the 
responsibilities of a school teacher. These demand a maturity of 
judgment and a soundness of discretion not found in boys and 
girls. 

All papers written at examinations should be preserved by the 
superintendent during the life "of the certificate issued thereon. 
A conveniently arranged permanent record of all examinations 
must be kept, which must embrace the names and addresses of 
applicants, their standings and the grade of certificates granted to 
each, with the date of its expiration. See section 450b as amended 
by chapter 439, laws of 1901. 

The examiner should make all arrangements necessary for the 
proper conduct of the examination sufficiently early to begin work 
at the hour appointed in the public notice. Applicants should be 
required to conform to suca regulations as will facilitate the work 
of the examination and make it a true test of their qualifications. 
Every precaution should be taken to preclude resort to unfair 
means. 

Visit schools. 2. To visit and examine each district and all the 
schools in his district at least once in each year and as much oftener 
as may be necessary; to inquire into all matters relating to the 
management, course of study, mode of instruction, textbooks and 
discipline of such schools and the condition of the schoolhouse, 
sites and outbuildings and appendages and of the district gen- 
erally; to advise with and counsel the district boards In relation 
to their duties, and particularly in relation to the construction, 
warming and ventilation of schoolhouses and the improving and 
adorning of the school grounds, and to recommend to the school 
officers and teachers the proper studies, discipline and manage- 
ment of schools. 

The object of the superintendent's visits is set forth with suffi- 
cient clearness in the law. It remains for him to make his visits 
helpful to the schools. A formal call of a few minutes' duration 
can serve no beneficial purpose, and should not be considered a 
sufficient performance of the superintendent's duty in this regard. 

The superintendent should keep a record of his observations. 
The information thus obtained should serve as an aid in passing 
judgment upon the qualifications of teachers, and should also form 
the basis of association work. Without it the superintendent 
must necessarily be a stranger to the needs of his schools, and 
will not be able to auvise school boards wisely, or to direct the 
work of teachers intelligently. 

By sections 560j and 560k the county superintendent is required 
to make special reports to the state superintendent on the first 
class rural schools. 



142 SCHOOL LAWS OF WISCONSIN. 

Direct repairs, etc. 3. To direct, after proper exaraination, the 
district board to make any alteration and repairs which shall, in 
his opinion, be necessary to the health, comfort and progress of 
the pupils, and to abate any nuisance in or upon the premises, 
provided the same can be done at an expense not exceeding twen- 
ty-five dollars. 

Condemn schoolhouses. 4. To make an order in concurrence 
with the chairman of the town board in which any schoolhouse 
is situated which they shall deem unfit for school purposes, and 
not worth repairing, declaring such fact and reciting the reason 
therefor. They shall deliver such order to the clerk of the dis- 
trict and transmit forthwith a copy thereof to the clerk of the 
town and also to the state superintendent. Such order shall take 
effect from its date unless within thirty days after it is delivered 
to the district clerk the same shall be reversed by the state su- 
perintendent for cause shown; and from the time said order shall 
take effect the district shall not share in any apportionment of the 
school fund income for any school kept in any building so declared 
to be unfit for school purposes. Another method of condemning 
schoolhouses is provided for by chapter 550, laws of 1909 (section 
524m.) 

Report to county board. 5. To report annually to the board of 
supervisors of his county the condition of the schools under his 
supervision. 

Keport to state superintendent. 6. To receive from the town, 
city or village clerk the abstracts of the reports of the district 
clerks required to be made by law and to transmit the same to 
the state superintendent; and before the first day of May in each 
year to transmit to the state superintendent the name and post- 
office address of each town clerk in his district, and from time to 
time such other facts relating to education in his district as the 
state superintendent shall require. 

Hold teachers' institutes. 7. To organize and conduct at least 
one institute for the instruction of teachers in each year, and to ad- 
vise in all questions arising under the operation of the school laws 
in his district. 

See sections 461m-461q inclusive regarding the teachers' county 
institute fund. See 461f regarding the instructors to be engaged 
for work in those institutes. 

The examination fee of one dollar which was used in institutes 
was abolished by Chapter 52, Laws of 1905. 

Hold examinations. 8. To divide his district into examination 
districts bounded by town lines and containing not more than four 



COUNTY SUPERINTENDENT— CONVENTIONS. 14,3 

towns each when the number of schools in his district, including 
graded schools, shall exceed one hundred and fifty; but to form 
not less than four examination districts if the number of schools 
is less than one hundred and fifty; not less than three if the num- 
ber is less than one hundred; to hold in each examination district 
in each year, at least one meeting for the examination of teachers, 
and at least three others at intervals of three months, at the 
county seat or some convenient and central place in the county, two 
of which shall be in first and second grade branches; provided, the 
county superintendent, by and with the advice and consent of the 
state superintendent, may modify the number and boundaries ot 
the examination districts, the number of examinations in first and 
second grade branches, and may fix the times and places for hold- 
rng the examinations for second and first gradp certificates; to tur- 
nish each district clerk in the same a written notice of each meet- 
ing, to be posted by him in some conspicuous place in the district. 
Such notice shall contain the names of the towns embraced in the 
examination district to which it relates, and the time, place and 
objects of the meeting. The examination of the teachers, shall be uni- 
form in the superintendent districts, shall be public and shall be 
conducted by oral and written questions and answers. Whenever 
for any cause satisfactory to the county superintendent any person 
desiring a certificate as a teacher shall be unable to attend upon 
such examinations he may be examined at any time fixed by him, 
and if found qualified by law to teach may receive a certificate of 
the proper grade, which shall remain in force until the next regular 
examination in such inspection district. (1901 c. 290) 

School board conventions. 9. The county or district superin- 
tendent of schools shall annually call and hold at least one school 
board convention for his superintendent district, at the county 
seat or some other convenient place, for the purpose of consulta- 
tion, advice, and instruction upon matters pertaining to the man- 
agement of the schools. The county superintendent may determine 
tte number of days each convention shall be in session, provided 
no convention shall be held for more than two consecutive days. 
Each district clerk shall, and the director and treasurer may, at- 
tend such convention. Each member present shall be allowed 
two dollars for each day's attendance at the convention, provided 
his certificate of attendance shall show that he was present at each 
session of the convention, and mileage at the rate of three cents 
per mile each way, going and returning to and from said meeting, 
said sum to be paid from any moneys in the school district treas- 
ury not otherwise appropriated. Such per diem and mileage shall 
be in full payment of all expenses incurred by each member while 



144 SCHOOL LAWS OF WISCONSIN. 

in attendance at the convention. The county superintendent shall 

keep a record of the attendance of all members at each morning, 

afternoon, or evening session of the convention during the days the 

convention shall be in session, and shall issue to each member in 

attendance a certiflcate setting forth the actual attendance of each 

of said members, which shall be filed with the school district clerk 

and serve as a basis or evidence for drawing the necessary warrant 

upon the district treasury. (1909 c. 222) 

Besides the duties specifically enumerated above the following 
are given in other parts of the statutes: 

To reiioi't cases of truancy. See section 439. 

To approve plans for school buildings. See section 524i. 

To select books for the school libraries. See section 486a. 

Attendance on convention. Section 461a. The county superin- 
tendent shall attend annually at least one convention of county su- 
perintendents called and held by the state superintendent for the 
purpose of consultation, advice and instruction upon matters per- 
taining to supervision and management of public schools. His 
necessary actual expenses _for traveling from his residence to the 
place of holding the nearest and most accessible convention and re- 
turning thereto and for board and lodging while in actual attend- 
ance thereon shall be paid by the county, and bills for such ex- 
penses shall be audited and allowed by the several county boards 
upon the presentation of the same with the certificate of the state 
superintendent attached thereto showing that the claimant attended 
such convention for the number of days specified in the bill; provid- 
ed, not more than one such account shall be paid in each year. 

Not to teach, etc. Section 461b. (As am. 1911 c. 201) No 
county or district superintendent of schools, except in coun- 
ties where his salai-y is less than eight hundred dollars, shall 
engage in teaching during the term for which he was elected, nor 
engage in any profession or occupation, nor shall he absent him- 
self from the county or district for which he is elected to engage 
in any occupation, profession or pursuit during the term for which 
he is elected for such time or in such manner as to interfere with 
the proper discharge of his duties as such; provided, that nothing 
in this act shall prohibit any county or district superintendent from 
being contracted with by the proper authorities, and teaching when 
the common schools are not in session in any professional school 
for teachers organized and conducted in this state, under the pro- 
visions of subsection 2, of section 450 — 1, of the statutes, and re- 
ceiving pay therefor. A violation of any of the prohibitive pro- 
visions of this section shall subject the offender to removal from 
office. 



COUNTY SUPERINTENDENT— RESIDENCE. 145 

Residence and office. Section 461c. Wlien a county seat is 
located in an independent city having a separate superintendent 
of schools or a county shall be divided into two superintendent 
districts, the county superintendent may reside in such county seat 
and keep an office in the public building or other place provided 
therefor by the county. 

County superintendent; eligibility. Section 4 6 Ice. A person 
shall not be ineligible to the office of county superintendent of 
schools on account of residence in cities of the third and fourth 
class witnin the territorial limits of any such district. (1905 c. 446) 
For the statute relating to the eligibility of county superintend- 
ents, see section 702a. 

Superintendent's report. Section 461e. The county superintend- 
ent shall annually make and file with the county clerk a statement, 
verified by his affidavit, giving the names of all persons examined 
by him since the beginning of his term or since the date of his 
last statement, together Avith the dates when such persons were 
examined. He shall also embody in such statement the names ot 
all persons to whom certificates have been issued upon papers writ- 
ten in another superintendent's district and the dates when such 
certificates were issued and also the names of all graduates of 
high schools whose diplomas he has countersigned, together with 
the dates of countersigning. At the expiration of his term of office 
he shall file with the county clerk a similar sworn statement, cov^ 
ering the time from the close of his last regular series of exam- 
inations to the close of his term, and shall embody in such state- 
ment a summary, giving the number of persons in each of the 
three classes herein named and of all the persons so reported by 
him to the county clerk during his term of office. 

Institute instructors. Section 4 6 If. No money shall be paid for 
services rendered as an instructor in any institute to any person 
unless he holds a certificate signed by the state superintendent 
certifying that the committee on institutes of the board of regents 
of normal schools approves of said person as a competent institute 
instructor. Nor shall any person be employed by any county super- 
intendent as institute conductor or lecturer who is engaged in 
publishing textbooks or dealing in school supplies or who is an 
agent or employee of any individual or company thus engaged, 
or who is proprietor or manager of or in any way pecuniarily in- 
terested in any teachers' employment agency or bureau; nor shall 
the committee on teachers^ institutes of the board of regents of 
normal schools approve of any such person for service in insti- 
tutes provided for in section 46 If, (now Chapter 476, Laws of 
10— S. L. 



146 School laws of wisconsiM. 

1905), nor shall any such person be employed as instructor or 
lecturer in any institute supported in whole or in part by the 
state. 

Superintendent's duty as to deaf and blind children. Section 461g. 
It shall be the duty of each county and city superintendent of 
schools to send to the superintendent of the state school for the 
deaf at Delavan and to the superintendent of the state school 
for the blind at Janesville the address of parents with the name 
and age of each deaf or blind child known to be in his county or 
city, and to inform parents, guardians and custodians of deaf 
mutes and blind children in his county or city respecting the sev- 
eral schools for deaf mutes and the blind in the state and the 
conditions of admission to them; and for this purpose the super- 
intendents of such institutions shall provide each such superinten- 
dent with sufficient printed information and with the names and 
residences of all deaf mutes and blind children known to be in 
his county or city. And each such superintendent shall include in 
his annual report to the county board of supervisors or the city 
board of education a statement of the number of deaf mutes and 
of blind children of school age in such county or city then receiv- 
ing an education, or the number of each not receiving an edu- 
cation, and of the number of personal visits he has made during 
the year upon the parents, guardians or custodians of such children 
to induce them to give such children a proper education. 

Examination for superintendent's certificates. Section 4611. 
The board of examiners for state certificates shall, at the time 
of holding the regular examinations provided for by law, examine 
all applicants for the county superintendent's certificates herein 
provided for, upon the branches upon which examination is now 
required for a first grade county certificate, and also upon school 
law and the organization, management and supervision of district 
schools. Such board shall, in addition to the examination pro- 
vided for by law, hold in the month of July in each year three 
such examinations simultaneously at three different points in the 
state, to be determined by tiie state superintendent, which shall 
be chosen with reference to the accommodation of applicants in 
different parts of the state. Each of the three examinations shall 
be held under the supervision of a member of the board of ex- 
aminers, but the scope and character of the examination shall 
be previously determined by the board of examiners and the state 
superintendent. Printed questions shall be prepared on each sub- 
ject upon which the applicant is required to be examined, and the 
board of examiners shall examine the papers written by applicants 



County superintendent— institutes. 147 

and file all papers so wi'itten in the ofRce of the state superin- 
tendent. All persons passing such examination to the satisfaction 
of such board, and who shall furnish satisfactory testimonials 
of moral character to the board, shall, upon its recommendation, 
receive from the state superintendent the county superintendent's 
certificate, which, together with the eight months' e^cperience in 
teaching in the public schools provided for in section 7 02a, shall 
constitute a legal qualification to hold the office of county superin- 
tendent of schools. It shall also legally qualify the holder to teach 
in any public school in the state for which a first grade county cer- 
tificate is a legal ■ qualification. Such certificate shall remain in 
force until revoked by the state superintendent according to law. 
The provisions of law for payment of expenses and per diem of 
members of the board of examiners while conducting examinations 
for state certificates shall extend to the examinations herein pro- 
vided for. 

The certificate provided for by this section, together with eight 
months' successful experience in teacning, constitutes a legal qual- 
ification to hold the office of county superintendent. It also le- 
gally qualifies to teach in any public school in the state for which 
a first grade county certificate is now a legal qualifiication, and re- 
mains in force during the life of the holder, unless sooner revoked 
by the state superintendent. It also qualifies the holders as 
principal of any state graded school. See comment under section 
702a. 

An applicant for the county superintendent's certificate will be 
permitted to begin his examination at any regularly appointed 
meeting, but must complete it before the corresponding examina- 
tion in the ensuing year. Within the time herein fixed, re-exam- 
ination will not be required upon blanches in which a satisfactory 
standing has been attained. 

Satisfactory written testimonials of moral character must be 
furnished to the examiners at the time of the first examination. 

Teachers' county institute fund. Section 461m. There is hereby 
appropriated from the general fund in the state treasury the sum 
of nine thousand dollars, which shall be known as a teachers' county 
institute fund and shall be used under the direction of the county 
or district superintendent in defraying the necessary expenses of 
conducting annually one or more teachers' institutes for the in- 
struction of the teachers of this county or district in school man- 
agement, in methods of teaching, and in the branches taught in the 
common schools, and in compensation for lectures at such institutes 
when said lectures are given by other than the conductors or the 
county or district superintendent. 

Institute conductors' certificates. Section 46 In. No money 
shall be paid by the county or district superintendent of schools for 
the services of any instructor or lecturer or to any person from this 



148 School laws of wiscoNsiisr. 

county institute fund, unless said person is the holder of a certifi- 
cate signed by the state superintendent certifying that the committee 
on institutes of the board of regents of normal schools approve of 
such person as a competent institute conductor. 

Distribution of funds. Section 461o. The sum provided for in 
section 1 [461m] of this act shall be distributed among the counties 
of the state in just proportion to the number of teachers actually 
required and employed in the territory under the supervision of the 
county or district superintendent in giving instruction in the schools 
of said county or superintendent district for a term of not less than 
seven [eight] months during each year, unless failure to maintain 
such school or schools for such term shall have been caused by the 
destructiou of the schoolhouse or by the order of the school 
district board, or the local or state board of health, on account of 
the prevalence of cdntagious disease. 

Statement of number of teachers. Section 461p. The county or 
district superintendent of schools shall between the first and tenth 
days of July in each year make a statement upon oath to the state 
superintendent, giving the exact number of teachers in all the public 
schools of his district when they are all in session. When the sworn 
-Statements from all the county or superintendent districts have been 
received it shall be the duty of the state superintendent to appor- 
tion the lund mentioned in section one of this chapter, among the 
different counties of the state in proportion to the number of legally 
qualified teachers actually engaged in teaching under the provisions 
and restrictions of this chapter, and certify said sum to the secretary 
of state, who shall thereupon draw his orders upon the state treasury 
in favor of the different county or district superintendents for the 
sum so certified. 

Account of expenditures. Section 46 Iq. The county' or district 
superintendent shall keep an itemized account of all the expenditures 
made from the fund in his superintendent district; said account to 
accompany the statement provided for in section 4 [46 Ip] of this 
act. (1905 c. JflGJ 

Deputy county superintendent. Section 461r. The county super- 
intendent of schools of any county or superintendent district may, 
by and with the consent of the county board, appoint a deputy, 
provided he has under his jurisdiction not less than one hundred 
schools. Such deputy shall at the- time of his appointment hold at 
least a first grade county certificate and shall have taught in the 
public schools of the state for a period of not less than eight months. 
Notice of such appointment shall be filed with the county clerk, and 



COUNTY SUPERINTENDENT- DEPUTY— ELIGIBILITY. 149 

the county board of supervisors at any regular or at any special 
meeting may appropriate an annual salary of not more than six 
hundred dollars for services rendered by such deputy, under the 
direction of the county superintendent of schools. The deputy shall 
under the direction of the county superintendent be authorized to 
perform all the dutie's now^ required of the county superintendent, 
except the certification of teachers. The deputy shall be subject to 
removal by the county superintendent, notice of such removal to be 
filed in the office of the county clerk. (1901 c. 321) 

The word "school" tleflined. (1909 c. 2.56). Section 461s. The 
singular form of the word "schools" as used in section 461r shall 
relate to a public school only and shall be construed to be a collec- 
tive body of pupils assembled in a room which is wholly or princi- 
pally under the control, management, direction and instruction of a 
legally qualified teacher who is made wholly or chiefly responsible 
for the control, management, direction and instruction of such pupils 
and whose duty it is to keep a complete and special register for such 
room or department. 

Note. — The following sections relating to this subject are out of 
their numerical order. These sections are also mentioned in the 
places where they would be if they were arranged numerically. 
It is thought best, however, to give them here in connection with 
the treatment of this topic. 

Eligibility. Section 702a. In no case shall a county clerk place 
the name of any person upon such ballot (election ballot) as a candi- 
date for the office of county superintendent of schools unless such 
person shall have filed in said clerk's office at least ten days before 
the day of election at which such superintendent is elected proof of 
having successfully taught in one or more of the public schools of 
this state for a period of eight months, and a copy of a certificate 
entitling him to teach in any such school, or of a certificate known 
as a county superintendent's certificate, unless such person, before 
the first day of May, 1895, had held the office of county superintendent 
of schools of this state. (1907 c. 5S3) 

Read also section 461cc. 

See section 38, Wisconsin statutes of 1898. 

Any one of the following documents entitles its holder to teach 
in any public school in the state, and hence is the certificate re- 
quired by the provisions of the law above quoted: 

1. The Unlimited Wisconsin State Certificate. 

2. The Limited Wisconsin State Certificate for five years from 
the date of the certificate. 

3. A diploma granted upon the completion of a regular collegiate 
course of the Wisconsin Stite University, or of a Wisconsin state 
normal school, if countersigned by a Wisconsin s^'ate superintend- 
ent. 

4. An elementary certificate, granted upon the completion of the 



150 SCHOOL LAWS OF WISCONSIN". 

elementary course of study of any one of the Wisconsin state nor- 
mal schools for five years after the date of countersignature by a 
state superintendent. 

5. Any college or university diploma, bearing the countersigna- 
ture of a Wisconsin state superintendent. 

6. A special license granted by a Wisconsin state superintendent, 
authorizing the holder to teach for one or two years in any pub- 
lic school in Wisconsin, as provided in sections 458c and 458h. 

7. A diploma granted upon the completion of the course of study 
of the Milwaukee high school and the normal department thereof, 
if countersigned by a Wisconsin state superintendent. 

8. A limited state certificate or a first or second grade county 
certificate countersigned by a Wisconsin state superintendent un- 
der the provisions of chapter 303, laws of 1882. (Chapter 303, 
laws of 1882, has been repealed.) 

9. A state certificate granted by any other state, that has been 
countersigned by a Wisconsin state superintendent. 

10. The county superintendent's certificate, issued by a Wiscon- 
sin state superintendent in accordance with section 461g. 

Election of county or district superintendents. Section 698. At 
the general election in the year one thousand nine hundred and four 
and biennially thereafter, there shall be elected in each county for 
a regular term, the following county officers, viz.: A county clerk, 
treasurer, sheriff, coroner, clerk of circuit court, district attorney, 
register of deeds and surveyor. The regular term of oflBce of all 
such officers shall commence on the first Monday of January next 
succeeding their election and continue two years; but each such of- 
ficer, including those now in office, shall hold his office until his 
successor is qualified. 

County superintendent; how chosen. A superintendent of schools 
shall be chosen by the qualified electors of each superintendent 
district in the state of Wisconsin, at the election to be held on the 
first Tuesday in April in the year one thousand nine hundred and 
five and biennially thereafter, and said officer shall hold his office 
for the term of -two years from the succeeding first Monday of July. 
The county or district superintendent chosen at the general election 
in November, A. D. 1902, or thereafter appointed, shall hold and 
continue in office as such, until the first Monday in July, A. D. 1905, 
and their successors shall be chosen as hereinbefore prescribed at 
the election in April, A. D. 19 05. The superintendent of each dis- 
trict shall hold his office until his successor is elected and qualified. 

Salary; how fixed. The county board of supervisors of every 
county, at the annual meeting next preceding the election of such 
superintendent or superintendents, shall fix the amount of salary 
which shall be received by the superintendent of schools of each 
superintendent district within said county except the city superin- 
tendent of schools of any city, and may allow such actual and neces- 



COUNTY SUi'EHlNTENDENT COMPENSATION. 151 

sury traveling expenses within and without the county, as may be 
reasonable and just; the same to be audited, allowed and paid in 
the same manner as other claims against the county are audited, 
allowed and paid. ( t'JOS c. 307) 

Superintendent districts; effect upon cities. Section 703. The 
county board of each county having over fifteen thousand inhabitants 
according to the census last preceding division, may divide such coun- 
ty into two superintendent districts, to be called superintendent 
district number one and superintendent district number two, by 
resolution, specifying therein the territory included in each and 
every such division, and every like division heretofore made shall' 
remain in force until rescinded by resolution of the county board. 
Unless so divided each county shall constitute a superintendent dis- 
trict, but every city having a board of education, a superintendent 
of schools or other board officer vested with power to examine 
and license teachers and supervise and manage the schools therein, 
shall be exempt from the provisions of this section and all provisions 
relating to county superintendents of schools, except so far as re- 
quired to make reports to the county superintendent of the district 
in which such city is situated; and the electors of such city shall 
have no voice in electing such county superintendent, and the super- 
visors from such city shall have no voice in the county board in de- 
termining or providing the compensation or allowance of, or any 
matter relating to, such county superintendent; nor shall any tax 
be levied on such city to pay any part of such compensation or 
allowances. When any county shall be so divided the county board 
may assign the county superintendent in office to either district, and 
the state superintendent shall appoint a county superintendent for 
the other district, to hold until his successor is elected and qualified 
according to law. The acceptance of the office of county supervisor 
by any county superintendent of schools shall vacate his office. 

Salary, e.vpenses and bond. Section 704. The compensation of 
crounty and district superintendents of schools shall be fixed by the 
county board of supervisors and shall be an annual salary of not 
less than five hundred dollars in counties or superintendent districts 
containing more than five thousand and less than nine thousand 
inhabitants and not less than nine hundred dollars in county or 
superintendent districts containing more than nine thousand inhabi- 
tants, but in no county or superintendent district containing over 
six thousand inhabitants shall the salary be fixed at less than five 
hundred and fifty dollars and in counties or superintendent districts 
containing over seven thousand inhabitants, the salary shall not be 
fixed at less than six hundred dollars, and in counties or guperin- 



152 SCHOOL LAWS OF WISCONSIN. 

tendent districts containing over eight thousand inhabitants the 
salary shall not be fixed at less than seven hundred and fifty dollars 
and in counties or superintendent districts containing more than 
nine thousand inhabitants the salary shall not be fixed at less than 
nine hundred dollars and in estimating such populations, all cities 
under the supervision of city superintendents of schools shall not be 
counted. 

Allowances for stationery, postage, piinting, and travel. The 

county boards of supervisors shall allow for stationery, postage and 
printing such amount as the county or district superintendent shall 
certify to be actually necessary, not to exceed one hundred dollars 
in counties or superintendent districts containing less than five 
thousand inhabitants, and not exceeding two hundred dollars in 
districts containing more than five thousand inhabitants and may 
allow such superintendent such sum in addition to his compensation 
and other allowances specified above as he shall certify he has ac- 
tually and necessarily expended in defraying traveling expenses 
v/hie engaged in the discharge of the duties of his office; provided 
that no more than two hundred fifty dollars shall be allowed for 
such expenses in any one year to each superintendent. 

Statement of expenses. The superintendent shall make and pre- 
sent an itemized statement of these accounts, said statement or ac- 
count to be audited at the annual meeting of the board of super- 
visors. 

Limitations, The limitations of this section shall not apply to 
counties for which different limitations have been made by special acts. 

Attendance at convention. Each county or district superintend- 
ent shall be reimbursed his actual necessary expenses incurred in 
traveling from his residence to the place of holding the nearest or 
most accessible convention of county superintendents called by the 
state superintendent; his hotel expenses during the time he actually 
attended such convention and his expenses incurred in returning to 
his place of residence. An itemized statement for such expenses 
stall be audited by the county board upon the presentation thereof 
with the certificate of the state superintendent attached, showing the 
attendance of the county or district superintendents on such conven- 
tion for the time specified in the statement, and not more than one 
such account shall be paid for any one superintendent for each year. 

Bond. Each county or district superintendent shall give a bond 
with such sureties as the county board of supervisors may approve 
for the proper performance of his duties under the law providing 
for a county teachers' institute fund, which bond shall secure the 



REPORTS— DISTRICT CLERK. 153 

payment of not less than twice the sum of money which the board 
may estimate will come into his hands in consequence thereof. 

JK.visting salaries not affected. Nothing herein before contained 
shall affect the salary of any county or district superintendent now 
in office during the term for which such superintendent was elected. 
Whenever any county board shall have omitted to fix a salary fb** 
any district superintendent pursuant to the provisions of chapter 
307, of the laws of 1903, the salary theretofore fixed by the county 
board for the county superintendent shall be the salary of such 
district superintendent until otherwise fixed by or pursuant to any 
law of this state. (J905 c. 61SJ 

Salary of district superintendent of schools. Section 698a. Dis- 
trict superintendents of schools, as provided by chapter 307 of the 
laws of 1903, shall receive the same amount of salary heretoforo 
last fixed by the county board of supervisors as provided by law, 
until otherwise determined by the said county board of supervisors 
as the salary of the county superintendent of schools in each respec- 
tive district. (1905 c. 252) 

Report of district clerk. Section 46 2. It shall be the duty of 
the district clerk, between the tenth and fifteenth days of July in 
each year, to make and transmit to the town, city or village clerk 
a written report, dated on the tenth day of July of such year, 
signed by him and verified by his affidavit, showing: 

First. The number, names and ages of children, male and female 
designated separately, over the age of four and under the age of 
twenty years, residing in the district, and the names of their par- 
ents, guardians or other persons with whom such children resided, 
respectively, on the last day of June' preceding. But no such children 
residing in, held or cared for at any charitable or penal institution 
of this state shall be included in such enumeration or report; and 
whenever the state superintendent shall receive information that any 
such children have been enumerated in the school census of any 
school district included in the reports made to him, on the basis of 
which apportionment of money from the school fund income is made, 
he may require from the district clerk or the secretary of the board of 
education of said district a verified statement of the whole number 
of children of school age residing in the district not excluded by the 
provisions of this section, in such form and manner as the said 
superintendent may prescrib.e. Unless the certificate herein provided 
for shall be made no money shall be apportioned for the benefit of 
said school district. 

Second. The whole number of children, males and females des- 



154 SCHOOL LAWS OF WISCONSIN. 

ignated separately, between the ages of four and twenty yeara 
taught in the district school during the year for which such report 
is made by teachers duly qualified. 

Third. The number attending school during the year under the 
age of four and the number over the age of twenty years. 

Fourth. The whole time, in days, any common school has been 
taught in the district, including holidays, and the whole number 
of days such school has been taught by teachers qualified according 
to law, including holidays, and the days the teachers may have at- 
tended an institute during the year while the school was in session 
for which no deduction in wages was made by the district board. 

Fifth. The names of all teachers employed during the year, the 
number of days taught by each, including holidays, and the monthly 
wages paid to each, and the time allowed any teacher for attendance 
on any institute for which no wages were deducted. 

Sixth. The amount of money received from the town treasurer 
during the year, designating separately the amount received from 
apportionment of the school fund income, the amount received from 
tax levied by county board of supervisors, the amount received from 
tax voted by the district, and the amount received from all other 
sources during the year, and the manner in which the same has 
been expended, showing separately the expenditure of school money 
received from the state. 

Seventh. Such other facts and statistics in relation to the schools 
public or private, in such district as the state superintendent may 
from time to time require. The clerk of each joint school district 
shall report to the town clerk of each town a part of which is em- 
braced in such district the number of children residing in such part 
in the manner set forth in this section, and the remainder of the 
items specified in this section shall be embraced in the report made 
to the town in which the schoolhouse is situated. He shall also re- 
port the amount of the indebtedness of the district. 

Aimnual reports ; school district clerks to meet with town clerks. 

Section 462a. In addition to the duties of the clerks of the several 
school districts of the state relating to taking the census of the 
school children as now provided by law said clerks shall also report 
the names of the children in their respective districts and the age of 
each of them over the age of four and under the age of twenty- 
years. School district clerks shall also meet with the town clerk of 
the town in which the schoolhouses in their respective districts are 
located at a time and place specified in a notice given by the town 
clerk, for the purpose of perfecting the annual school district reports. 
Such clerks shall also report the amount of the indebtedness of their 
respective districts. (1007 c. J/^/l) 



REPORTS— DISTRICT CLERK. l55 

The purpose of this amendment to section 462a is to not only- 
secure reports more nearly complete from the different districts 
and to prevent eriors, but it is also hoped that hereafter all re- 
poits will ue more promptly placed in the hands of the county 
superintendents. One faftlty or delayed district report not oniy 
delays tne town clerk's report hut it also delays the work of the 
county superintendent and oftentin.es the compilation of reports 
in the state superintendent's office. 

The annual report of the district clerk to the town clei'k is of 
special importance, as it forms the basis upon which all public 
money is apportioned and also furnishes the information that 
guides tne legislature in subsequent enactments. The greatest 
care must he exercised by clerks of joint districts in order that 
the children in some part of the distiict are not reported or 
counted twice; once to the clerk of the town in which the school- 
house is located and also to the clerk of the town in which the 
other part of the district lies. Tnis is a criminal offense. See 
sections 4549-4550. 

For the purpose of securing accurate and complete information, 
blanks are prepared by the state superintendent and are trans- 
mitted to district clerks through town clerks. Specific instruc- 
tions are printed on these blanks to aid in collecting and report- 
ing the requiied items. A thorough study of them should be 
made in connection with tne provisions of this law prior to mak- 
ing the report. No effort should be spared to obtain' and report 
every item for which the blanks provide. 

The law requires the name and age of each child who has 
passed tne fourth anniversary of his birthday, and has not 
reached the twentieth, to be reported; also the names of their 
parents, guardians or other persons with whom they resided on 
the last day of June preceding. These are items that can be ob- 
tained with certainty only by a visit to each family in the dis- 
trict. The law requires the clerk to take tne census in this man- 
ner. In the enumeration of children mere boarders and lodgers 
are not to be included; but persons who devote a part of their 
time to service to pay for their board and lodging while the rest 
is spent in attendance at school, and who have no other legal resi- 
dence, are considered members of the families with which they 
reside. Children of school age who may be employed for a lim- 
ited time in one district and whose parents reside in another dis- 
trict are to be included in the census of the district in which 
their parents reside. Care should be taken that the same chil- 
dren are not enumerated in two districts. (See comments on sec- 
tions 428 and 430.) 

The clerk of a joint school district must report in the manner 
above stated the number of children of school age residing in 
each part of his district to the town clerk of the town in which 
such part is situated. A partial report blank is furnished for 
this purpose. To avoid reporting the same child to more than 
one town clerk, the census of each part of a joint district should 
be taken upon a separate blank which, when completed, should be 
sent to the clerk of the town in which such part of the district 
lies. In no instance should the whole number of children in a 
joint school district be reported to any one of the town clerks to 
whom a report is made. 

Several items are required for the annual report, which are to 
be obtained from the school register, among which are the num- 
ber of children that have attended school during the year, the 
whole number of days school was taught by a legally qualified 
teacher, the whole number of days of attendance of pupils at 



156 SCHOOL LAWS OF WISCONSIN. 

school, etc. To facilitate the work of making the annual report^ 
clerks should see that the register is properly kept and the foot- 
ings made at the close of the term. Section 460 provides a rem- 
edy, a resort to which may De had in case the teacher refuses to 
perform his duty. 

The state superintendent has devised a "final report" card in 
double postal card form, which the teacher in charge of cue school 
during the last term must fill out. Tiiis cara gives in duplicate 
all the items relating directly to the school, demanded in the 
annual report of the district clerk. One part of this card is sent 
by the teacner to the county superintendent immediately after 
the close of the school for tne year, and the other part is sent 
to or placed in the hands of the district clerk. The clerk should 
not fail to demand that this card shall be completely filled out 
by the teacher closing the scnool year. He will then be able to 
make a full school report to the town clerk without any difficulty. 

The clerk's annual report must contain an exact summary of 
the financial report which section 444 requires the treasurer to 
make at the annual meeting. This report includes all items of 
receipts ana all items or expenditures made during the year end- 
ing on the thirtieth day of June preceding. The proper test of 
its correctness consists in comparing the sum of the items of 
receipts with the sum of the items oi expenditures. Their differ- 
ence should equal the amount of money on hand on the date men- 
tioned above. Unless this is true, the statement is wrong, and 
should be corrected before transferring it to the report blank. 

Reports snould be in the hands of town clerks as early as the 
fifteenth of July. Any failure to make the report within the time 
specified, results in great inconvenience to the officers through 
whose hands it must pass, and subjects the school district to the 
risk of forfeiture of its claim to public money. When the failure 
to comply with the requirements of the law relating to the an- 
nual report is due to wilful neglect of the clerk, he becomes per- 
sonally liable to the district for the loss suffered in consequence 
of his neglect. (See section 498.) 

To entitle a district to share in the apportionment of the school 
fund income, it must be shown that at least eight months' school, 
of twenty days' each, taught by a legally qualified teacher, was 
maintained during the preceding year. Legal holidays are in- 
cluded. These are New Year's day, the twenty-second of Febru- 
ary, the thirtieth of May, the Fourth of July, Labor day, Christ- 
mas day, and Thanksgiving day appointed by national or state 
authorities. Section 2577, W. S., provides that whenever a legal 
holiday falls upon Sunday, tlie succeeding Monday is a legal holi- 
day. When a legal holiday occurs on Saturday or during vaca- 
tion, it cannot be counted as a day taught. (See comment on sec- 
. tion 459.) . . , u ;_,_l^i 

Reports; town clerks to make to county superintendents. Sec- 
tion 463. Each town clerk shall, on or before the first day of 
August in each year, make and transmit to the county or district 
superintendent of the county or . district in which his town is 
situated two copies of a report, stating: 

(1) The whole number of school districts separately set off 
within the town, and the number of parts of joint districts in 
which the schoolhouses belonging thereto are located in his town. 



REPORTS— TOWN CLERK— COUNTY SUPERINTENDENT. 157 

(2) The districts and parts of districts from which reports shall 
have been made within the time limited for that purpose. 

(3) The length of time a school shall have been taught in each 
such district or parts of districts. 

(4) The amount of public money received in each. 

(5) The number of children taught in each and the number 
of children over the age of four and under the age of twenty years 
residing in each. 

(6) The whole amount of money received in the town for school 
purposes since the date of the last preceding report setting forth 
separately the amount received from the state through the county 
treasurer, the amount levied by the county board, and the amount 
raised by the town at its annual meeting in towns where the town- 
ship system of school government has been adopted. 

(7) The amount of money raised by district tax for school purposes. 

(8) The manner in which said moneys have been expended and 
whether any and what part remains unexpended, with such other in- 
formation as the state superintendent may require and as may be 
reported to him by the district clerks. (1901 c. 185) 

This chapter requires the town clerk to send two copies of his 
annual report to the county superintendent instead of one as 
heretofore. After the county superintendent has verified the 
statements as filed by the town clerk from the reports of the 
school district clerks sent to him, one copy of this report is to 
be forwarded to the state superintendent by the county superin- 
tendent. 

The town clerk should, before sending the two copies of his re- 
port to the Qounty superintendent, carefully add all columns of fig- 
ures, not only up and down but crossivise in order to prove their 
correctness. The financial statements must "balance" — that is 
the sum of money remaining in the treasuries of the districts in 
the town at the cicse of the year must be the difference between 
the amount received from all sources and the total amount paid 
out. If this does not prove to be the case on the "trial balance," 
the error can be discovered by adding crosswise the amounts ex- 
I)ended and received as given in each district report. The county 
superintendents are appreciative officers and they are warm in 
their expressions of praise for the town clerk who sends in a cor- 
rect report showing the condition of the schools and the school 
fund in his town for the year. 

In towns which have adopted the "township system of school 
government," the report required in the foregoing section will be 
made by the "secretary of the town board of school directors, as 
nrovided in section .537 of the Wisconsin statutes, upon the same 
blanks as are used by town clerks in other towns." The town- 
ship system, however, is abolished by chapter 388, laws of 1911, 
and after June 30, 1912, only the district system will be in vogue. 

Supeiintendent's report. Section 464. Each county superin- 
tendent shall, on or before the fifteenth day of August in each year, 
make and transmit to the state superintendent a report in writing, 
setting forth the whole number of towns in his district, distinguish- 



158 SCHOOL LAWS OF WISCONSIN. 

ing those from which the required reports have been made to him by 
the town clerks, and containing an abstract of their repoi'ts, and also 
embracing an abstract of the annual report of the secretary of each 
free high school in such district and of each secretary of town board 
of school directors of towns having the township system of school 
government, and of the clerk of each incorporated village and city 
under his supervision. Each county superintendent shall also, within 
the time above mentioned, make and deliver to the county clerk and 
to the county treasurer a written statement of the whole number of 
children in each town, village and city under his supervision over the 
age of four and under the age of twenty years returned from the dis- 
tricts which have maintained schools for six [eight] or more months 
during the past year as appears from the reports of town clerks. 

Reports from cities and villages. Section 465. The clerk of 
each city and village or the clerk of the board of education of each 
city and village under the jurisdiction of the county superintendent 
shall, within the time prescribed, make and transmit to him the re- 
ports required by section 463; and in all cities having a superin- 
tendent of schools and which are not under the jurisdiction of a 
county superintendent, such superintendent of schools shall make the 
annual report required by said section directly to the state superin- 
tendent; and in such cities having no superintendent of schools such 
report shall be made by the clerk of the board of education thereof. 

The clerks of cities (under county superintendents) and of vil- 
lages use the same blanks as town clerks and compile the reports 
of the district clerk or clerks. 

Blanks and amendments to laws. Section 46 6. The state super- 
intendent shall, on or before the first day of June in each year, fur- 
nish to each clerk, superintendent or other officer by whom a report 
should be made, blank forms upon which such officers shall make their 
annual reports; and whenever any amendments shall be made to the 
provisions of this chapter he shall furnish a copy of such amend- 
ments to every school district in the state. 



TOWN, VILLAGE AND CITY OFFICERS -DUTIES. 159 



DUTIKS OF TOWX, \1LLA(;|{; AXI) CITY OFFICERS AS TO 
PUIJLIC IXSTHUCTIOX. 

Clerk's duties. Section 4G7. It shall be the duty of the town 
clerk: 

1. To report to the county superintendent within ten days after 
his election or appointment his name and post office address, and like- 
wise the name and post office address of each district clerk within ten 
days after the same are filed in his office. 

See Form No. 28. 

2. To see that the annual reports of the several district clerks are 
made correctly and in due form; to file and safely keep all reports 
whatsoever made to him and all orders and notices of the town board 
relative to any school district. 

3. To record such description of school districts, and such orders 
concerning the organization, alteration or dissolution thereof as shall 
be made by the town board. 

4. To make and keep in his office a map of the town, showing the 
exact boundaries of all the school districts therein as appear from the 
records on file, and when a new district is formed to make and fur- 
nish a map thereof to the district clerk. 

5. To apportion the school money collected by the town and that re- 
ceived from the state for the several school districts of the town on 
the third Monday of March each year, or as soon as the same shall 
be collected or received by the town treasurer, to the several districts 
and parts of districts within the town as provided in these statutes. 

See Form No. 27. 

Further duties of the town clerk in regard to the apportionment 
of school money will be found in sections 5.58 and 559. 

Treasurer's duties. Section 46 8. It shall be the duty of the 
town treasurer: 

1. To apply for and receive from the county treasurer all moneys 
apportioned for the use of common schools in his town and to pay the 
same together with all moneys collected in the town for the support 
of the schools, to the treasurers of the districts entitled to receive 
them upon the order or apportionment of the town clerk. 

2. To pay to the district treasurer on demand all school district 
taxes raised in each district and collected by him, and the amount of 
all school district taxes returned to the county treasurer of his county 
as delinquent, whenever the same shall have been paid to him by said 
county treasurer or whenever he shall receive credit from the county 
treasurer for such delinquent tax or any part thereof on account of 
any demand or claim due from such town to such county. 



160 SCHOOL LAWS OF WISCONSIN. 

3. On or before the second Monday of March in each year to certify 
to the town clerk the amount of school money in his hands to be ap- 
portioned by said clerk, and immediately upon the receipt of any 
money from the school fund income to certify the same to the said 
clerk for apportionment. 

4. On the second Monday in June in each year to make and forward 
to the clerk of each school district in whole or in part in his own town 
a certified statement of the amount of money paid by the )wn treas- 
urer during the year next preceding to such district treasurer, sp-'ci- 
fying the date and amount of and the account upon, which each such 
payment was made. fWOl c. 119) 

5. If the county treasurer shall neglect or refuse to pay over the 
school money which by law should be paid to the town treasurer, he 
shall commence and prosecute an action on the official bond of such 
county treasurer for the recovery of such money. 

The town treasurer shall hold, subject to the' order of the sev- 
eral district treasurers of his town, all district taxes collected by 
him. Also all money raised by taxes levied upon the town by the 
county board of supervisors, and all money raised by the town in 
addition thereto, and pay the same over to the several district 
treasurers, according to the apportionment made by the town 
clerk under the law. He will also receive from the county treas- 
urer the amount apportioned by the state superintendent to his 
town, out of the income of the school fund, and pay the same 
over to the district treasurers, according to the apportionment 
made by the town clerk. The town treasurer shall also receive 
all money paid on account of delinquent taxes, and pay the same 
over to the proper district treasurers. No school taxes except de- 
linquent taxes will be returned, if the law is complied with. 

It is the duty of the town treasurer to notify the town clerk of 
any money which he holds subject to apportionment by said town 
clerk, and to inform district treasurers promptly of any funds in 
the town treasury belonging to the respective districts. 

District treasurers are not required to accept any taxes or school 
funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the second 
Monday in March, in each year, must state specifically the several 
amounts received from town and county tax, and the amount of 
income unapportioned which remains in the town treasury; it 
must also include any money apportioned the previous year, 
which has not been paid over to the district treasurers. Refer- 
ence is here made to section 557. 

The purpose of the certified statement to the district clerk of 
the amount of money paid by the town treasurer during the year 
next preceding, to the district treasurer, is to give the district 
clerk the data upon which settlement with the district treasurer 
can be made in time for report at the annual meeting. As the 
annual meetings are now held on the first Monday in July, the 
statement should be furnished earlier than the law now demands. 

The treasurer can not lawfully charge or retain any fee or per- 
centage on any money which he pays out, or which comes into his 
hands from any state apportionment or from any donation QV loan 
from any source. See sections 4549-4550, 



DISTRICT TAXES. 161 



ASSESSMENT AXD COLLECTION OF DISTRICT TAXES. 

Assessment. Section 46 9. All school district taxes, unless oth- 
erwise specially provided by law, shall be assessed on the same kind 
of property as taxes for town and county purposes, and all personal 
property''%hich, on account of its location or the residence of its 
owner," is .taxable in the town shall, if such locality or residence be 
in the school district, be likewise taxable for school district purposes. 

Valuation of realty. Section 470. Whenever any real estate in 
any school district shall not have been separately valued in the assess- 
ment roll of the town, and the valuation of such real estate cannot be 
definitely ascertained from such assessment roll, the town clerk shall 
estimate the value of the same in proportion to the valuation affixed 
in said assessment roll to the whole tract of w-hich such lot or iece 
of land forms a part. 

Equalization of taxation in joint school districts made upon peti- 
tion. Section 4 71. 1. The relative valuation of taxable property 
in the several parts of any joint school district shall not be equalized 
except as herein provided. At any time prior to the tenth day of July 
of any year any three freeholders resident in that part of any town, 
city or village forming a part of any joint school district, may file 
with the clerk of such district a petition praying for an equalization 
of the relative valuation of taxable property in the several parts of 
such district. The clerk shall thereupon and prior to July 20th of 
such year notify in writing the assessor of every town, city and village 
in part embraced in such district. 

Meeting of assessors. 2. The said assessors shall meet at the 
district schoolhouse with their respective assessment rolls at two 
o'clock in the afternoon of the last Saturday in July, thereafter for 
the purpose of comparing and investigating the assessed valuation of 
the taxable property in the several parts of such district separated by 
town, city or village lines and shall determine whether the assessed 
valuation of such property on the assessment rolls be just or not. 

Comparison of valuation. 3. If considered unjust, they shall 
determine the relative aggregate valuation of said property in the 
parts of the district in the several towns, cities or villages comprising 
it and the proportion of district taxes to be levied upon the property 
in each of the several parts. If necessary, the assessors may vicTV^ 
and inspect the taxable property in the different parts of the district 
and may examine the owners and other persons under oath as to the 
value thereof. The school district clerk shall attend such meeting 
11— S. L. 



162 SCHOOL LAWS OP WISCONSIN. 

and keep a record of the proceedings. A majority of such assessors 
shall constitute a quorum for the performance of the duties pre- 
scribed in this section. 

Adjournment of meeting. 4. If any assessor shall be absent from 
such meeting in attendance upon a like meeting in some other joint 
district, and shall give information of the fact to such clerk, or if for 
other reasons there shall be no quorum of assessors, the meeting shall 
be adjourned to such time as may be necessary to enable all or a major- 
ity of such assessors to be present, and in such case the clerk shall 
give notice of such adjournment to each assessor not then present in 
time to enable him to attend such adjourned meeting. Further ad- 
journments may be taken if necessary, until the duties imposed by 
this section shall have been performed; and if for any reason there 
shall be failure to perform such duties without adjournment to a 
fixed time, the clerk shall call another meeting at a time fixed by him; 
provided, that final action by said assessors under this section shall be 
taken not later than the first day of November in the same year. The 
town, city and village clerks shall allow the assessors to take and use 
the assessment rolls in the discharge of their duties under this section. 

Disagreement among assessors. 5. If the assessors cannot agree, 
they shall call to their aid the chairman of the town, the president of 
the village or mayor of the city so in part embraced in the district, 
and if the last named officers with the assessors cannot determine the 
valuation of the property and the proportion of taxes to be levied 
thereon, they shall call to their aid the chairman of an adjoining town 
whose vote shall decide the controversy. The determination, when 
made shall be certified in writing to the district clerk. 

Penalty for refusal to act. 6. If any assessor or other officer 

shall refuse or neglect to perform the duties hereby imposed, or to act 

when called upon as herein provided, he shall forfeit not less than ten 

nor more than one hundred dollars. (1901 c. 90) 

This chapter is of large interest to the electors and officers in 
joint school districts. It repeals the act of the legislature of 
1905, which made it the duty of the district clerk of every joint 
district to call a meeting of the assessors of the different munic- 
ipalities, parts of which were comprised within the joint district 
limits, for the purpose of equalizing the assessed valuation of the 
real and personal property as between the different parts. While 
this law was effective in its operation, there was much complaint 
that it was too expensive; that in many cases there was no 
change to be made in the assessed valuations and that it made a 
large and unnecessary drain upon the joint district treasury. 
This chapter practically does away with those features. Here- 
after joint meetings of the assessors and clerks will be held only 
when the application provided for above is made. The clerk will 
not be entitled to any compensation and the assessors must rely 
for their compensation upon the treasuries of their respective 



DISTRICT TAXES. 163 

towns, and the equalization when once made under this act will 
continue to be the basis for apportionment of school tax levy un- 
til a new equalization is petitioned for and made. 

Statement as to taxes. Section 472. Each district clerk shall, 
on or before the third Monday of November in each year, deliver to 
the town clerk a statement in writing, verified by his affidavit, show- 
ing the amount of taxes voted to be raised at the last annual meeting 
or at the first meeting after the organization of the district, or both, 
as the case may require, and all of the taxes voted at any special meet- 
ing held during the then next preceding year, and also the amount of 
tax therefor voted to be collected in such year, if any, for the annual 
payment of any loan, and also the amount to be paid by such district, 
if any, under the provisions of section 421. In case of a joint district 
he shall deliver to the clerk of each town, city or village in which any 
part of the district is situated, a statement so verified showing the pro- 
portion of such taxes to be assessed in that part of the district within 
such town. If such proportion shall not have been determined as pro- 
vided in the last preceding section it shall be ascertained from the val- 
uation contained in the last assessment rolls of the respective towns, 
city or village; and to that end the clerk of each such municipality 
shall, on or before the last Monday in September in each year, deliver 
to the district clerk a certified statement of the valuation of the real 
and personal property in that part of such district lying therein as the 
same appears from said assessment roll. 

See Forms Nos. 30 and 31. 

Assessment by town clerk. Section 473. The town clerk shall 
assess the taxes so certified upon the property liable thereto, placing 
the same in a separate column in the next tax roll of his town, when- 
ever so certified, before he shall have delivered the roll to the town 
treasurer for collection, although after the third Monday in November; 
if any such shall not be assessed in the next tax roll after being voted 
it shall be assessed in that of the next succeeding year. Such taxes 
shall be collected or returned delinquent by the town treasurer and 
collected by the county treasurer in all respects like o'ther taxes. 

Upon the delivery to him of such statement, the town clerk 
should give the district clerk a certificate that he has received 
the same, stating the amount of the tax, and the time when re- 
ceived, which certificate should be filed in the office of the dis- 
trict clerk. 

The law contemplates that in joint school districts the district 
taxes shall be apportioned between the several parts of the dis- 
trict lying in different towns, not on the basis of valuations fixed 
by the assessors of such several parts, but on the basis of the 
equitable relative valuation of such several parts, to be ascertained 
and determined by the assessors in joint meeting as directed in 
said section J/ll. 



164 SCHOOL LAWS OF WISCONSIN. 



BORROWING MONEY. 

When; security. Section 474. Whenever upon any unusual 
exig^ency any school district shall, before the annual meeting, vote a 
special tax to be collected with the next levy, the district may by vote 
authorize the district board to borrow, for a period not exceeding one 
year, a sum not exceeding the amount of such tax, and by such vote 
set apart such tax when collected to repay such loan; and thereupon 
the district board may borrow such money of any person, and on such 
terms, and execute and deliver to the lender such obligation therefor 
and such security for the repayment, including a mortgage or pledge 
of any real or personal property of the district subject to the direc- 
tions contained in the vote of the district, as may be agreed upon and 
not prohibited by law. 

The district may, at any time before the annual meeting, upon 
any unusual exigency, vote a special tax to be collected with the 
next levy (notice of such purpose being duly given, as provided 
in section 427), and the district may authorize the board to bor- 
row the same amount for immediate use. 

Borrowing money for teachers, wages, etc. Section 474a. Any 
school district may, by vote, at any annual, or lawfully called special 
meeting, authorize the district board to borrow money for a period not 
exceeding six months for the purpose of paying teachers' wages and 
usual school expenses, not exceeding the amount of district taxes voted 
for such purposes at such meeting, to be collected with the next levy. 

Any district board, after being so authorized may borrow such money 
of any person for not exceeding six months, and deliver to the lender 
thereof an order on the district treasurer for the amount so borrowed, 
payable on or before six months after date thereof and drawing inter- 
est from date thereof not exceeding seven per cent per annum. (1901 
c. JfOJ 

Loans for buildings; how authorized. Section 475. For the 
purpose of aiding in the erection of a schoolhouse any school district, 
whether organized under general law, special law or charter, may, by 
vote of the electors at any annual or special meeting, called for that 
purpose, authorize the district board, school board or board of educa- 
tion to borrow money, to an amount which shall not in any way ex- 
ceed the limitations now provided by general law. The resolution to 
be voted upon shall be in writing, specifying the amount to be bor- 
rowed, the rate of interest, and the time and manner of payment, which 
shall be in annual installments, or otherwise, the last of which shall 
be payable in not exceeding fifteen years from the first day of February 
next .ensuing, Such resojutipn shall he read to the meeting and the 



BORROWING MONEY. 165 

vote taken thereon by ballot. The ballots shall be written or printed, 
those in favor of the loan: "For the loan," those opposed: "Against 
the loan." The resolution and the vote shall be recorded, and if 
adopted by a majority, the district board, school board or board of edu- 
cation shall be thereupon authorized to borrow such sum of any person 
on such terms, and execute and deliver to the lender such obligation 
therefor and such security for payment, including a mortgage or pledge 
of any real or personal property of the district, subject to the direction 
contained in the resolution voted, as may be agreed upon, not pro- 
hibited by law, and shall also levy a tax to be annually collected there- 
after, sufficient to pay the interest annually on such loan and the an- 
nual installments of the principal provided to be paid in each year. 

Any bonds issued by any such school district, to secure any loan 
which bonds shall have been issued in conformity to law, including the 
provisions of this section, as amended, are hereby declared to be and 
are valid claims and liens against the school district so issuing the 
same. (1905 c. 172) 

The land commissioners require that in all cases where the 
electors vote on the question of making a loan from the trust 
funds, each person in the meeting and desiring to vote, must cast 
his own ballot or vote. Tlie meeting can not, even by unanimous 
vote, authorize the clerk or secretary of the meeting to cast a 
ballot for the whole body of electors present. 

Use of funds; vote final. Section 476. The money borrowed 
under authority of either of the last two preceding sections shall be 
paid into the district treasury and be expended only for the purposes 
for which it was voted or borrowed. After any such loan shall have 
been made no power shall exist to rescind or reconsider any such vote 
or obstruct the collection of such tax; and the district treasurer shall 
apply every such tax when received by him exclusively to the payment 
of such debt so far as necessary to discharge the amount to which such 
tax was devoted. 

The special provisions of the law as to borrowing money to aid 
in building a schoolhouse, should be carefully examined and com- 
plied witn; likewise those contained in the last preceding sec- 
tion, which apply to both the sections preceding it. Particular 
care should be taken to notify the electors, as provided in section 
427, and every opportunity should be given for a fair and full 
expression of the will of the people. 

The resolution to be voted on at the meeting should be care- 
fully drawn up. The district board has no authority to levy a 
tax on their own motion except as provided in sections 435a, 437, 
and 539, except in cases of town and union free high school dis- 
tricts. 

Loan to refund indebtedness. Section 476a. Any sehool district 
may, by vote at an annual or special meeting, authorize the district 
board to borrow money for the purpose of refunding its indebtedness. 
A written resolution shall be read at such meeting specifying the 



166 SCHOOL LAWS OF WISCONSIN. 

amount to be borrowed, the rate of interest and the amount of each 
installment of principal and time when it shall be paid. The last in- 
stallment shall be payable in not exceeding twenty years from the 
time the indebtedness was originally contracted. The vote on such 
resolution shall be taken by ballot, and voters favoring its adoption 
shall cast a ballot on which shall be the words "for the loan," those 
opposed a ballot on which shall be the words "against the loan." If 
a majority of the votes cast are in favor of the loan the board may 
borrow the specified amount on such terms as may be agreed upon con- 
formably with such resolution and not prohibited by law, and execute 
the bonds or other obligations of the district for such sum. The dis- 
trict shall levy a tax to be collected annually thereafter sufficient to 
pay the annual interest on such loan and the installment of the prin- 
cipal to be paid in any year. After any such loan shall have been 
made such vote shall not be rescinded or reconsidered, nor shall the 
collection of such tax be obstructed, and the tax when collected shall 
be applied exclusively to the payment of such indebtedness. The 
money so borrowed shall be paid to the treasurer and shall be ex- 
pended solely for the purpose for which it was borrowed. 

This section is of interest to school districts that have con- 
tracted or may contract indebtedness from sources other than the 
state trust funds. By following its directions the indebtedness 
may oe made to bear a SVs interest rate instead of a five or six 
per cent rate. Its provisions are also of interest to districts that 
desire to build at a time when no money is available from the 
trust funds. The electors may direct the board to borrow the 
specified sum from some bank or individual for immediate use and 
until money can be had from the trust funds. The loan from the 
trust funds can, when received, be used to pay off the district in- 
debtedness and thus reduce the rate of interest. 

School district loans; liow made. Section 261. Every loan to 
a school district may be made for such time, not exceeding fifteen 
years, and of such amount as together with all other indebtedness of 
such district, shall not exceed five per centum of the last preceding 
assessed valuation of the property in such district, not less than two- 
thirds of which valuation shall be on real estate, and not exceeding 
in any case twenty-five thousand dollars, as may be agreed upon; the 
principal shall be payable in equal annual installments with interest 
at a uniform rate of three and one-half per centum per annum, pay- 
able annually. No such loan shall be made until proof be filed in the 
office of said commissioners of the complete performance on the part 
of such district of each and every act hereinafter required to precede 
the same. (1911 c. 363) 

The provisions of the above chapter should be carefully fol- 
lowed. School officers and parties interested should always recog- 
nize that in all cases where a loan is to be made from the trust 
funds of the state it is absolutely necessary that the proceedings 
shall be in strict accordance with the statute. If there are any 



iBORROWING MONEY. IQJ 

defects or flaws arising tlirougli oversight or carelessness, the ap- 
plication will be denied by the commissioners and it will be nec- 
essary, ,if the loan is to be made, to commence all proceedings 
anew. This tends to increase the irritation and lack of harmony 
and agreement upon school questions common to some school dis- 
tricts. All errors must be avoided. 

Loans from tlio trust funds. Section 258a — 1. The annual in- 
terest and installments of principal of all loans granted hereafter 
from the trust funds of the state to counties, towns, villages, cities or 
boards of education and school districts, shall be payable on the first 
day of February of each year after the granting of such loans. (1901 
c. 12) 

Application for. Section 262. Before applying for such loan, 
every school district shall authorize such application by a vote of a 
majority of the legal voters of said district voting on such question, 
and if at a special meeting, the object of such meeting shall be clearly 
stated in the notice thereof, and such district shall not thereafter 
rescind said tax, reconsider such vote, or in any wise hinder, delay 
or postpone the levy and collection of the tax so voted, and shall not 
expend the money so raised or loaned for any other purpose. Appli- 
cation for such loan shall be made by the district board of such school 
district in writing, stating the amount required, the assessed valua- 
tion of the taxable real property of such district, and the total as- 
sessed valuation of the taxable property of such district as shown by 
the last assessment roll; and if such district be a joint district such 
assessed valuation in its several parts separately, so that the valua- 
tion of so much thereof as lies in each town of which it is a part may 
be readily known; and the total amount of all the other indebtedness 
of such district and the facts in detail in respect to the holding of 
the meeting and passing the votes required as aforesaid, and shall be 
accompanied by a correct map or plat of such district. Such applica- 
tion and map shall be recorded in the office of said commissioners; 
and such application and the record thereof and such statement shall 
be conclusive evidence of the facts therein stated. All such applica- 
tions shall be acted upon by the said commissioners in the order of 
time in which they shall be filed. 

Loans to schools under township system. Section 262a. Loans 
to the board of school directors of any town in which the township 
system of schools exists shall be made only when application therefor 
shall have been authorized by a majority of the electors of the town 
voting on the question at an annual town meeting, or at a special 
town election called and held in the manner provided by law. The 
question of authorizing an application for a loan shall be submitted 
in the form of a resolution which shall state the amount for which 



168 SCHOOL LAWS OF WISCONSIN. 

application shall be made and. the time for payment of the loan. The 
vote on the adoption of such resolution shall be by ballot. The appli- 
cation to the commissioners shall be signed by the president, vice- 
president and secretary of such board, and the certificates of indebted- 
ness required as evidence of the loan shall be signed by them. The 
town treasurer shall receive and receipt for the money and pay it out 
as other moneys belonging to the school fund of the township are paid 
out, but only for the purpose for which the loan was made. Except 
as herein provided the statutes governing loans to school districts 
shall, so far as applicable, control loans made to such boards. 



"BE SURE YOU ARE RIGHT THEN GO AHEAD." 

The granting o'f loans from the trust funds of the state for the 
purpose of aiding in the erection of schoolhouses is frequently 
delayed on account of errors and omissions in the application and 
accompanying papers. To aid school district officers to avoid er- 
rors and facilitate the granting of loans, the following statements 
are given: 

1. The law requires that the authority to borrow money must 
be given by vote at an annual or lawfully called special meeting. 

2. That the resolution to be voted on shall be in writing and 
shall specify the amount to be borrowed, the rate of interest, and 
the time and manner of payment. 

3. The resolution to be voted on shall be read to the meeting 
and the vote thereon taken by ballot. 

4. The ballots shall be written or printed; those in favor, "for 
the loan;" those opposed, "against the loan." 

5. The resolution and the vote shall be recorded. 

6. If the resolution is adopted the meeting shall also levy a tax 
to be annually collected to pay the interest and principal of such 
loan as they become due. 

Section 427, Wisconsin statutes, gives the law relating to spe- 
cial school district meetings. That statute and the comments 
thereon should ' be very carefully studied before any steps are 
taken toward calling a special meeting for the purpose of secur- 
ing a loan from the state. In order that the essential points may 
not escape your notice, they are also placed here: 

1. The special meeting must be called on the written request 
of at least five legal voters. 

2. Notices for such special meetings must be posted in four or 
more public places in the district; one of which shall be affixed 
to the outer door of the schoolhouse at least six days before the 
date on which the meeting is to be neld. 

3. If a loan is to be authorized, tax levied, or debt contracted, 
notice of the meeting must be served on at least three-fourths of 
the legal voters (men and women), either personally or by written 
notice left at their place of residence, stating the time and place, 
and objects of the meeting, and specifying the amount proposed 
to be voted, at least six days before the time appointed therefor, 
exclusive of the day on which the meeting is to be held. 

4. A record of the proceedings of the special meeting should 
show tnat every requirement of the statutes has been observed. 

The following outline which may be modified to conform to the 
facts, will serve as a guide to aid in making a sufficient record of 



"BE SURE YOU ARE RIGHT THEN GO AHEAD." 169 



the proceedings of the special meeting, and a certified copy of 
such record must accompany all applications made to the Commis- 
sioners of Public Lands for loans from trust funds: 

Minutes of the proceedings of a special meeting of 

school district No of the town of in 

county, Wisconsin, held at the schoolhouse in said 

district on the day of , 19. .". ., at o'clock in 

the noon. 

The meeting was called to order by Mr 

was elected chairman and the school district clerk acted as clerk. 

Mr. , school district clerk, read an affidavit show- 
ing that the meeting was called on the written request of at least 
five legal voters of the district, and that notices thereof were 
posted in the manner prescribed for calling the annual meeting, 
and that at least three-fourths of the legal voters (men and women) 
had been notified either personally or by a written notice left at 
their places of residence, stating the time, place and objects of 
the meeting, and specifying the amount proposed to be voted, 
at least six days before the time appointed therefor, exclusive of 
the day on which the meeting was to be held, which said affidavit 
is in the words and figures following, to-wit: 
County. — ss. 

, being first duly sworn, on oath, deposes and says 

that he is the duly elected and acting clerk of school district 

No , of the town of , in county, 

Wisconsin ; that on the day of , 19 a re- 
quest in writing was filed with this deponent, requesting deponent 

to call a special district meeting on the day of 

19 at o'clock in the noon, which said request 

is in the words and figures following, to-wit: 

(Here give request in full.) 

That thereafter on the day of 19...., de- 
ponent posted notices in public places in said district, one 

of which was affixed to the outer door of the schoolhouse in said 
district, of which the following is a true copy: 

(Here give notice in full.) 

That on the day of , 19 , this deponent 

notified the following named legal voters of said district person- 
ally, by reading the said notice to them: 

(Here give names of voters personally notified.) 

And on the same day deponent notified the following named 
legal " oters of said district Ijy leaving a true copy of said notice 
at their places of residence: 

(Here give names of voters so notified.) 

That tne persons on whom such notice was served as aforesaid 
constitute at least three-fourths of all the legal voters of the dis- 
trict. 



Subscribed and sworn to before me this day of. 

19.... 



Justice of the Peace. 



The following resolution was read to the meeting: 

"Resolved, That the school district board be and it is hereby 

authorized to make application for a loan of.. dollars 

from the state trust fund, payable in years, with interest 

at the rate of 314 per cent per annum, payable annually. (See 
chapter 7z, as printed above) for the purpose of building a school- 
house." 



170 SCHOOL LAWS OP WISCONSIN. 



The question being on the adoption of the resolution, a vote was 
tal^en by written ballots, which resulted as follows: 

For the loan 

Against the loan 

Majority for the loan 

The following resolution was then offered and adopted: 

Resolved, That a sum sunicient to pay the interest and principal 
of the loan as it becomes due, be and the same is hereby levied 
upon the taxable property of the district. 

I, , clerk of the school district above named, do 

hereby certify that the above and foregoing is a true copy of the 
record of the proceedings of the meeting therein referred to; that 
I have compared the same with the original record in my custody 
and that it is a true copy thereof and of the whole of such orig- 
inal record. 

Dated , 19 



District Clerk. 
The form of request to the clerk to call a special meeting is 
given in this connection for the convenience of school officers and 
electors. The electors may at the meeting vote to borrow a 
smaller sum than that named in the call but cannot vote to bor- 
row a larger amount. 

Request to District Clerk to Call a Special Meeting. 

To , Clerk of School District No 

of the -^own of 

Sir: — ^You are hereby requested to call a special meeting of the 

above district on the day of , 19. . . ., at 

o'clock in the noon for the purpose of voting on the fol- 
lowing propositions, viz.: 

1st. To authorize the school board to make application for a 

loan of dollars from the State Trust Funds, payable in 

years, with interest at the rate of Sy, per cent per 

annum, payable annually, for the purpose of building a schoolhouse. 

2nd. To raise by tax a sum sufficient to pay the principal and 
interest of such loan as it becomes due. 

Signed: 



The form of notice for a special school meeting given herewith 
is one adopted by the land commissioners, and the district clerk 
should, as far as possible, make copies to be posted, agree witn 
this form. 

It must not be forgotten that copies of the notice must be 
served upon at least three-fourths of the electors (men and wo- 
men) of the district, at least six days before the meeting and ex- 
clusive of the day on which the meeting is to be held. Any fail- 
ure to follow the direction given in section 427, of this code, is 
likely to invalidate all proceedings of the electors at said special 
meeting. 

(Form of Notice for Special School Meeting.) 

Notice is hereby given to the qualified voters of School 

District No , Town of , that a special school 

meeting of said district will be held at ., in said 



BORROWING MONEY— LIABILITY. 171 

district on the day of , 19 , at o'clock 

P. M., for ttie purpose of voting the following propositions, viz.: 

1st. To authorize the school board to make application for a 

loan of dollars from the State Trust Funds, payable in 

years, with interest at the rate of 31/2 per cent per annum, 

payable annually, for the purpose of building a schoolhouse. 

2nd. To raise by tax a sum sufficient to pay the principal and 
interest of such loan as it becomes due. 

(Signed) 

Dated District Clerk. 

Persons interested in securing money from the trust funds for 
building purposes or for paying off old district indebtedness 
should carefully study the above directions to be followed in cases 
where a proposition to "borrow money" is to come before the 
district electors. The school board and three or four other inter- 
ested persons should hold an informal meeting for the purpose 
of informing themselves in regard to the law, and the method 
to be followed as outlined above. The amount needed as well as 
the particular purposes for which it is to be used should be well 
thought out and such information secured relating to the cost of 
building, or the amount and character of the indebtedness as will 
enable a clear presentation of facts to be placed before the electors 
when the annual or special meeting is held. This plan will avoid 
oversignts, errors, and misunderstandings and will expedite busi- 
ness, prevent irritation and delay and be a source of satisfaction 
to the district generally if done from proper motives. 

Liability for loans; change of boundaries. Section 258d. All the 
taxable property in any school district, town, village, city, or county 
which has obtained or shall obtain any loan from the state or any of 
its trust funds shall stand charged for the payment of the principal 
and interest thereof, and the boundaries of such school district, town, 
village, city, or county shall not be changed or altered so as to exclude 
therefrom any land included therein at the time of making such loan, 
until such loan shall be fully paid, without the consent of the commis- 
sioners of public lands; and there shall be annually levied upon such 
taxable property, besides all other taxes, a tax sufficient to pay the 
annual interest and the installments of principal of such loan as here- 
inafter provided, and the same shall be a special charge to be paid 
next after the state tax out of any moneys collected as taxes within 
said school district, town, village, city, or county. (1911 c. 263) 

Section 263. Whenever a joint school district shall make any such 
loan, the clerk of such district shall notify in writing the town clerks 
of the several towns of which such district is composed of such loan 
and the terms thereof; and thereafter the town clerk of each town 
shall, on or before the second Monday of September in each year, un- 
til such loan be paid, transmit to the secretary of state a statement 
certified by him of the valuation of all taxable property belonging to 
that part of such district which lies in his town according to the last 
assessment roll, or, if the same shall have been equalized as provided 
in section 471, such equalized valuation thereof. The secretary of 



172 SCHOOL LAWS OF WISCONSIN. 

state shall in every year furnish to the county clerk of each county in 
which lies any school district or part of district from which any such 
payment is to become due the amount to be levied upon such district, 
or, if a joint district, upon each such part of such district 
as lies in any town in such county, at the same time that he furnishes 
that officer a statement of the state tax. In apportioning such tax to 
the parts of a joint school district lying in separate towns the secre- 
tary of state shall take, as the true valuations, the valuations of the 
taxable property stated in the application for such loan, until amended 
by the certified statements aforesaid of the town clerks of all the 
towns in which such joint district lies. The county clerk, on receiv- 
ing such statement, shall include the amount due from such district 
or part of district in his apportionment of state taxes to the town; 
but it shall be carried out in a separate column, and the district from 
which it is due shall be specified. The town clerk shall charge and 
carry out such amount on his tax roll to the district or part of dis- 
trict to which it belongs in a separate column, and the tax shall be 
collected and paid over with and in the same manner as the state tax. 
(1911 c. 263) 

High school district may borrow. Section 495. For the pur- 
poses expressed in section 474 of the statutes of 1898 and chapter 40 
of the laws of 1901, any high school district board is hereby author- 
ized and empowered to borrow money whenever directed by the elec- 
tors of such high school district assembled at a meeting regularly 
called and held for that purpose, pursuant to the provisions of section 
427 of the statutes of 1898. The payment thereof shall be provided 
for by said board by a tax to be raised and certified as provided in 
this section. (1901 c. SIt2) 

This chapter provides for a special meeting of the electors of a 
free high school district and gives them power to authorize the 
high school board to borrow money to be applied to carrying on 
the high school only. 

Borrowing money; cities. Section 926 — 104. All cities of the 
third and fourth class operating under a special or general charter, 
are hereby authorized to levy annually a special tax for school pur- 
poses, not exceeding three and one-half mills on the dollar of the 
assessed valuation of all the real and personal property in said city 
for that year, in addition to the total tax now authorized to be levied 
by such cities. (1901 c. J/O) 



SCHOOLHOUSE SITES. 173 



SCHOOLHOUSE SITES. 

How obtained. Section 477. Whenever a school district shall 
have designated, by majority vote of the electors thereof present at an 
annual meeting, or at a special meeting called for that purpose, a 
schoclhouse site, or an addition thereto, and shall be unable to obtain 
the same on account of the refusal of the owner to sell or lease the 
same for a just and reasonable compensation, or on account of his be- 
ing a nonresident, or unknown, the district board, when directed so 
to do by a majority vote of the electors at such district meeting shall 
make application to the town board or boards of supervisors of the 
town or towns interested, to locate and establish the site or any addi- 
tion thereto so designated; provided that every such schoolhouse site 
or any schoolhouse site obtained by purchase or grant shall be lo- 
cated and established abutting on a public highway or street, and 
that no schoolhouse shall hereafter be erected on any site unless at 
the time of erection of such site shall abut on a public highway or 
street. (1911 c. 48S) 

Notice to land owner. Section 478. Whenever any such appli- 
cation shall be made to the town board said board shall make and 
sign a notice in writing of such application, containing a description 
of the land upon which it is proposed to locate such a site or addition 
and the time and place when and where they will meet to decide upon 
the same. Such notice shall be served or caused to be served by the 
district clerk upon all the occupants of such land and all the owners 
thereof who are known and are residents of this state at least six 
days previous to the day fixed for such meeting. Such notice shall be 
served by delivering a copy thereof to each such occupant and owner 
or by leaving the same at their respective residences with some person 
of suitable age and discretion; and if the owner or owners of said 
land be unknown to said board or shall reside without this state then 
such notice may be served by publishing the sarne in the newspaper 
published nearest said land once in each week for six successive weeks 
next before the said day of meeting. 

Compensation. Section 479. The town board shall meet at the 
t'me and place fixed in said notice, and upon due proof of the service 
of [or] publication of said notice they shall locate and establish such 
site or addition for said district. They shall cause an accurate sur- 
vey and description to be made, and fix and award the compensation 
to be made to the respective owners for the same, including all dam- 
ages, respectively sustained by such owners by reason of such taking 



174 SCHOOL LAWS OF WISCONSIN. 

of said lands, and within ten days thereafter make out and sign 
duplicate certificates containing a statement of their action upon such 
application, an accurate description of the land taken and the amount 
of compensation and damages awarded to each of said owners, one of 
which shall be delivered to the occupant or owner of the lands so 
taken, if known and a resident of this state, and the other together 
with the proofs of publication or service of said notice and such 
survey to the clerk of said district, who shall cause said certificate 
to be recorded in the office of the register of deeds of the proper 
county; provided, that said board may, in their discretion before 
agreeing upon their award, adjourn from time to time not exceeding 
in all ten days. 

Payment. Section 480. The sum of money so awarded by said 
board shall be paid to the owner of the land upon which such site 
or addition is located, or in case' the owner is a nonresident or 
unknown, or refuses to accept the money, it shall be deposited with 
the treasurer of the district to the order of the owner of said land; 
said district shall not occupy said land without the consent of the 
owner thereof until such money shall be paid, tendered or deposited 
as aforesaid. 

Appeal. Section 481. Any person aggrieved by the decision of 
the town board in the award of damages or otherwise may, within 
twenty days after filing their duplicate certificate with the clerk of 
such district, appeal therefrom to the circuit court of any county in 
which such site or addition or any part thereof is situated, by filing 
with such clerk a notice of appeal, specifying all the grounds of his 
appeal and paying to such clerk one dollar for state tax and one 
dollar for making returns thereto. Within twenty days thereafter 
such district clerk shall deliver to the clerk of said circuit court a 
certified copy of such certificate together with such notice of appeal, 
with the date of service thereof indorsed thereon and pay to him 
one dollar state tax; and thereupon the clerk of said court shall 
enter an action in his court record in which the said appellant shall 
be plaintiff and the school district defendant. The issue in said 
action shall be the legality of all the proceedings taken by the school 
district and town board in taking the lands of the plaintiff for such 
schoohouse site or addition thereto, which are set forth in the notice 
of appeal as grounds therefor, and the amount of compensation and 
damages to which he is entitled therefor. Such issue shall be tried 
without further pleadings as other issues of fact are tried, and 
judgment thereon be rendered and enforced as in other personal 
actions in such court; provided, that when the legality of the pro- 
ceedings is not made an issue or is sustained and the plaintiff does 



SCHOOLHOUSE SITES. 175 

not recover a larger sum for damages than was awarded to him, 
he shall not recover but shall pay costs. 

Quantity of land. Section 482. No schoolhouse site shall con- 
tain more than four acres unless with the consent of the owner of 
the land taken therefor. All land so taken against the will of the 
owner, when it shall cease to be used as a schoolhouse site or addi- 
tion, shall revert to the original owner, his heirs or assigns; and no 
land shall be so taken that may not be taken for highway purposes 
without the consent of the owner thereof. (1911 c. 14S) 

Proceedings by joint districts. Section 483. If such application 
be made by a joint district it shall be made to the town boards of the 
several towns in which such district is situated, and such town 
boards shall act together as one board in all proceedings as herein- 
before prescribed. 

Infant's lands, how obtained. Section 484. Whenever any 
school district shall locate a site for a schoolhouse upon any land 
owned by an infant or in which an infant has an interest the circuit 
or county court of the county in which the land is situated may, 
upon application of the parent or guardian of such infant, authorize 
such parent or guardian to execute a perpetual lease of such site not 
exceeding one acre in quantity, and when any such land is held in 
trust for an infant his trustee may in like manner apply for au- 
thority to make such perpetual lease. All such leases shall vest in 
tte lessee the interest of such infant and of his trustee in such land 
so long as the same is occupied for school purposes. Such authority 
shall not be granted unless it shall be made to appear satisfactorily 
to said court that [the] premises are needed for school purposes, 
that the said school district is willing to pay therefor a consideration 
deemed adaquate by the court and that the interest of such infant 
will not be prejudiced by reason of said lease, and before making 
such order the court shall require the person authorized to make 
such lease to give a bond to account for and pay over the considera- 
tion received therefor as in cases provided by law for the sale of the 
lands of minors. 

The foregoing sections embody the laws in force as to the es- 
tablishment of schoolhouse sites. The town board is to be called 
upon, not to select or designate a site in any case, but to locate 
and establish the same or any addition thereto, when the district 
cannot obtain it on reasonable terms, or because the owner is a 
nonresident. 

All sites now selected must be on a public highway. In cases 
where schoolhouses are not on a public highway, the supervisors 
may be compelled to lay a highway to the house. (See section 
1275m.) (1909 c. S18) 



176 SCHOOL LAWS OF WISCONSIN. 



LIBRARIES. 

Reference works and miscellaneous books for school use may be 
obtained in tbree ways: 

First. — Under subdivision 10 of section 430; wbicb gives the 
school district meeting power to appropriate certain sums of 
money for the school district library. 

Second. — Under section 486, which allows two or more districts 
to unite m purchasing and maintaining a joint library. 

Third. — Under section 486a, known as the township library law. 
Nearly all the school district libraries of the state have been se- 
cured under this law, which has proved the most efficient and has 
secured tne best results. 

Librarian; actions. Section 485. The clerk of the district or 
such other person as the legal voters shall appoint shall be the 
librarian and have the care and custody of the district library under 
the supervision of the district board. All actions relating to such 
libraries or for the recovery of any penalties lawfully established 
in relation thereto shall be brought in the name of the proper 
school district. 

Joint libraries. Section 486. The legal voters of any two or 
more adjoining school districts may, with the approval of the town 
board, unite their libraries and library money and may purchase a 
joint library or additions thereto for such districts, to be selected by 
the district boards thereof or by such person as they shall designate, 
and to be under charge of librarians to be appointed by such district 
boards. Every such joint library and its appurtenances shall be 
vested in and all actions relating thereto shall be brought in the 
names of all the districts owning such joint library. In case sucli 
district shall desire to divide any such joint library such division 
shall be made by the directors of the districts owning the same, or 
by the town supervisors if such directors cannot agree; and any 
school district may donate and sell any book or books belonging to 
the district library to the town in which it is situated to form a part 
of the town library. 

Township libraries; county treasurer to withhold money. Sec- 
tion 486a. 1. The treasurer of every county in this state shall 
withhold annually from the apportionment received from the school 
fund, or other income for school districts, an amount equal to ten 
cents per capita for each person of school age residing in towns, 
villages and cities of the fourth class in the county, said money 
to be expended for the purchase of library books, as hereinafter 
provided. 



. LIBRARIES— SELECTION OF BOOKS. 177 

JV umber of persons of school ages. 2. In the certificate of ap- 
portionment of the common school fund made annually by the state 
superintendent to the county clerk and county treasurer of each 
county there shall be included a statement of the number of persons 
of school age in each town, village and city of the fourth class in 
the county. : .i; i_i 

Selection of library books. 3. Between the first days of April 
and September of each year, the county, district or city superintend- 
ent of schools shall provide for the expenditure of all moneys with- 
held by the county treasurer for the purchase of library books, said 
books to be selected from the list prepared by the state superintend- 
ent and to be distributed among the districts under his supervision 
the schoolhouses of which are located in his county or superin- 
tendent district, in the proportion to the amount of money withheld 
from each. In case a school district is located in more than one 
county or superintendent district, the superintendent of the county 
or superintendent district in which the schoolhouse is located shall 
provide for the expenditure of the total sum withheld from such 
joint school district, in accordance with the provisions of this act. 

Adjustment between adjoining counties. 4. The superintendents 
of any two adjoining counties shall on or before December first of 
each year by conference or correspondence determine upon the bal- 
ance of township library money which must be transferred from the 
treasury of one county to the treasury of the other county in order 
that the total amount of township library money over which each 
county superintendent has control for the purposes of this act may 
be in the treasury of the county of which he is superintendent. The 
said county superintendents shall thereupon sign and transmit to the 
county clerks of the two counties concerned, a joint written state- 
ment of the balance which is to be paid over from one county to the 
other, together with a detailed statement of how the balance was 
determined. The county clerk of the county from which the balance, 
as above determined, is due, shall on or before March first draw an 
order upon the county treasurer for the amount of said balance and 
in favor of the county treasurer of the county to which the balance 
is due. The county treasurer shall forthwith transmit said sum to 
the county treasurer in whose favor the order is drawn and the lat- 
ter shall credit it to the township library fund of the county of which 
he is treasurer. No order from the county board of supervisors 
shall be deemed necessary to effect this transfer of township library 
funds as above provided. 

Joint district of city of fourth class and town. 5. In case a 
school district under the jurisdiction of a city superintendent is 
12 — S. L. 



178 SCHOOL LAWS OF WISCONSIN. 

joint between a city of the fourth class and one or more towns 
the city superintendent and the county superintendent having juris- 
diction over the territory adjacent to the city shall on or before 
February first of each year, in a joint statement, certify to the 
county clerk and county treasurer the number of persons of school 
age in that part of the city district outside of the city limits. The 
city superintendent of a city of the fourth class shall provide for the 
expenditure of the township library money based on the total num- 
ber of persons of school age in the city district, including such 
persons in all parts of the city district whether resident within or 
without the city limits. 

Teacher's report. 6. Between December first and February first 
of each year the teacher or principal of every school under the juris- 
diction of a county, district or city superintendent of a city of the 
fourth class shall report to the proper superintendent on blanks sup- 
plied by said superintendent such information regarding the condi- 
tion and needs of the school library as may be called for by such 
superintendent. Such report shall include an inventory of all books 
which have been added to the school library under the provisions of 
this act since March first last preceding the date of the report. Be- 
fore receiving from the district clerk an order for the last month's 
salary of the school year the teacher or principal of each school 
shall report to the district clerk and the county, district or city 
superintendent such information regarding the school library as the 
proper superintendent may direct. 

Duty of county superintendent, town clerk and county clerk. 7. 

It shall be the duty of the county or district superintendent to keep 
on file in his office a list of books in the library of each school 
district and to arrange such lists by districts and towns in numerical 
and alphabetical order. Guided by such lists and other informa- 
tion which may have been obtained regarding the school libraries 
of the school districts under his supervision, the county or district 
superintendent shall make a selection for each school district under 
his supervision, the schoolhouse of which is located in his superin- 
tendent district, the books to be taken from the lists prepared by the 
state superintendent. It shall also be his duty to furnish each town 
clerk, village clerk and clerk of cities of the fourth class under his 
jurisdiction with a list of the books designated for each district. 
The county or district superintendent shall also certify to the county 
clerk the names and numbers of the books selected for each town, 
village or city of the fourth class under his supervision, the price 
fixed in the list issued by the state superintendent to be attached in 
each case and the total cost of such books to be correctly sum- 



LIBRARIES— DISTRIBUTION OF BOOKS. 179 

marized and indicated. City superintendents of cities of the fourth. 
class shall in like manner certify to the county clerk the cost of the 
books selected for the schools under their jurisdiction. A duplicate 
copy shall be furnished to the company or firm selected by the state 
department or commissioned to furnish the books, periodicals, etc., 
for township libraries. The company or firm shall upon receipt of 
the list from the county, district or city superintendent fill the order 
for each town, village or city of the fourth class, as directed, said 
order when so filled to be sent to the town, village or city clerk. 
The town, village or city clerk shall immediatey upon the receipt 
of the books from the company or firm compare the order so filled 
with the list in his possession and shall immediately report to the 
county, district or city superintendent. If such report is satisfactory 
and discloses no error or irregularity in the number, kind or condi- 
tion of the books received, the county, district or city superintendent 
shall notify the county clerk to draw an order upon the county 
treasurer for the cost of the books so furnished to each town, vil- 
lage or city. If the report is unsatisfactory the proper superintend- 
ent shall forthwith report the fact and the cause thereof to the com^ 
pany or firm supplying the township library books. Such company 
or firm shall forthwith take steps to rectify any error or irregularity 
which may have been made in the filling of the order for the books 
in question. 

Payment. 8. Within three days of the last day of each month 
the superintendent of each county, district and of each city of the 
fourth class shall so notify the county clerk, including all orders for 
which satisfactory reports have been made by the town, village 
and city clerks. It shall be the duty of the county clerk immediately 
upon receipt of such notification from the county, district or city 
superintendent to draw an order upon the county treasurer for the 
amount so certified. The county treasurer shall thereupon immedi- 
ately issue a draft in favor of the company or firm for the amount so 
certified. No order from the county board shall be deemed necessary 
in the payment of the amount due for books purchased as above 
specified. 

Expi-ess charges, etc. 9. The express charges and postage on 
books purchased under the provisions of this act shall be paid by 
the town, village or city receiving them. 

Distribution by town clerk. 10. The town clerk shall immedi- 
ately on receipt of the books purchased under the provisions of this 
act distribute such books to the clerks of the various school districts 
or, if the school is in session, to the teacher or principal of such 



180 SCHOOL LAWS OF WISCONSIN. 

school. The district clerk or the teacher, as the case may be, shall, 
at the time the books are delivered, sign and deliver to the town clerk 
a receipt specifying therein the titles of the books and the date on 
which they were deliverd. Such books shall go to each school dis- 
trict as are designated by the county or district superintendent. For 
this service the town clerk shall be paid such sum, not exceeding two 
dollars per day, out of the funds of the township, as shall be deter- 
mined by the town board of supervisors. Village and city clerks who 
receive books under the provisions of this act shall without unneces- 
sary delay, transmit such books to the principal or superintendent of 
the schools of the village or city. 

Exchange between public library and school library. 11. The 

board of directors of any free public library and the school board or 
the board of education of any school district, town, village or city in 
which a free public library is provided for and maintained, may make 
such exchanges and loans of books as said officers shall agree upon 
for the purpose of increasing the efficiency of both libraries and in- 
suring the best service to the schools and all citizens. 

Suspension of the operation of this act. 12. The state superin- 
tendent shall have authority to suspend the operation of this act in 
any school district, or sub-district within which there is maintained 
a free public library, or for any school district or sub-district located 
wholly or in part in any incorporated village or city within which 
there is maintained a free public library, provided there has been ex- 
pended by the board of said free public library in the purchase of li- 
brary books suitable for children in the elementary school grades, dur- 
ing the year ending June 30th next preceding the date of the applica- 
tion for suspension, a sum equal to the sum which would be released 
by the suspension of the township library law, as certified by the Sec- 
retary of the Free Library Commission, the amount so expended by 
said board of the free public library for any one year not to be made 
the basis of such suspension for more than one year, and provided 
further that the clerk or secretary of the board of education of the 
school district for which the operation of the township library law is 
suspended, the county, district or city superintendent concerned and 
the county clerk and county treasurer of the county in which the dis- 
trict is located shall be notified of such suspension by the state super- 
intendent. (1909 c. 16 Jf) 

Cities of the fourth class (cities having a population of 10,000 
or less), and all villages are within the provisions of this law. 

The rules and regulations directing and governing the admin- 
istration of township library affairs will be found in the library 
catalogue or list published by this department. 



LIBRARIES— RECORDS— CONTRACTS. 181 

JLibrarjaii and records. Section 486b. Unless the school district 
shall at the annual meeting elect some other person librarian, the clerk 
shall act as librarian and receive and have the care and custody of the 
books so distributed to the district, and shall loan them to teachers, 
pupils and other residents of the district in accordance with the regu- 
lations prescribed by the state superintendent. The clerk shall keep 
a record of the books received from the town clerk in a book furnished 
by the state superintendent through the town clerk; but during the 
time school is in session the library shall be placed in the schoolhouse 
and the teacher shall act as librarian under the supervision of the 
clerk or of the librarian elected at the annual meeting. The state su- 
perintendent shall furnish to each town clerk suitable record books for 
his use and the use of the several clerks in his town. 

Fanners' Institute Bulletins; how distributed. Section 486c. 
The superintendent of agricultural institutes shall send to each town 
clerk in the state a sufficient number of bound copies of the bulletins 
of such institutes to enable him to supply each school district in his 
town with one copy of each edition thereof. The town clerks shall dis- 
tribute said bulletins to the school libraries in their respective towns 
from which they shall be loaned in like manner and under the same 
regulations prescribed for the loaning of books therein. (1901 c. 
GG) 

Previous to the passage of this law .the farmers' institute bul- 
letins were distributed to the town clerks from this department. 
Hereafter they will be distributed to the town clerks from the 
office of the superintendent of farmers' institutes at Madison, who 
has an office in the Agricultural College building. The law makes 
it the duty 'of the town clerk to distribute the copies of these 
bulletins to the different school districts in his town in order that 
they may be placed in the school district library for use by the 
patrons of the school. 

Librarian under township system. Section 486d. In towns hav- 
ing the township system of school government, all duties prescribed 
for the town clerk in regard to township libraries shall be performed 
by the secretary of the town board of school directors. 

Committee to make contracts A\ith firm or dealer; Library com- 
mittee. Section 486e. The state superintendent of public instruc- 
tion, the secretary of the Wisconsin free library commission and the 
attorney general are hereby constituted a committee whose duty it 
shall be to secure bids and make contracts with some responsible 
dealer or firm for the purpose of securing prompt and efficient service 
in supplying books and periodicals to the schools of the state under the 
provisions of the township library law. (1905 c. 2-'iS) 



182 SCHOOL LAWS OF WISCONSIN. 

Bids. Section 48 6f. Whenever the list of books for township 
libraries prepared by the state superintendent under section 486a, Stat- 
utes of 1898, is completed, typewritten copies thereof shall be furnished 
to dealers or firms making applications therefor. The committee shall 
enclose with each copy of the list so sent out a clear and complete 
statement of the conditions under which the books and periodicals are 
to be supplied; the data on which the bids must be placed on file and 
opened and give such other information as may be necessary to insure 
a clear and unquestionable understanding on the part of all parties 
concerned. (1905 c. 243) 

Deposit. Section 486g. The committee shall require from each 
dealer or firm making a bid a deposit of $1,000 with the state treas- 
urer as an evidence of good faith, said sum to be returned as soon as 
the successful bidder is determined, provided that the sum deposited by 
the successful bidder shall not be returned until the bond required by . 
the committee conditioning a faithful performance of the terms of the 
contract is filed with the secretary of state. In case the successful 
bidder shall fail or refuse to file the bond required by the contract the 
$1,000 deposited with the state treasurer shall become forfeit to the 
state and there shall be no recovery thereof. (1905 c. 2^8) 

Bond. Section 486h. The committee shall require a bond from 
the successful bidder in the penal sum of $10,000 with good and re- 
sponsible sureties for the faithful and reasonable performance of the 
terms of the contract, said sum to become forfeit to the state in case 
of failure. (1905 c. 2^3) 

Books to be purchased from successful bidder. Section 486i. 
As soon as the successful bidder has been determined, all officers upon 
whom shall fall the duty of purchasing the books for township school 
libraries shall be notified in a circular setting forth the conditions un- 
der which the books are to be furnished, the name and address of the 
successful bidder and a statement to the effect that no money withheld 
from the common school apportionment for the purchase of township 
library books shall be used in the purchase of books or periodicals 
frohi any other dealer or firm. (1905 c. 2^3) 

Penalty for violation. Section 48 6 j. After a contract has been 
entered into by the committee on the part of the state it shall be 
deemed a misdemeanor punishable by fine to the amount of costs and 
the money expended, for any person or officer authorized by law, to 
make a purchase of books for township libraries with money withheld 
from the annual apportionment of the school fund income from any 
dealer or firm other than the dealer or firm named in the contract. 
(1905 c. 2J,3) 



JUDGMENTS AGAINST SCHOOL DISTRICTS. 183 



THE COLLECTION OF JUDGMENTS AGAINST SCHOOL DIS- 
TRICTS. 

Execution. Section 487. No execution shall issue on any judg- 
ment against a school district except upon leave of the court upon mo- 
tion after the failure of the remedies provided in these statutes. 

Method of collection. Section 488. Whenever a final judgment 
shall be obtained against any school district the judgment creditor, 
his assignee or attorney may file with the town, city or village clerk 
a certified transcript of such judgment or of the docket thereof, to- 
gether with his affidavit showing the amount due thereon and all pay- 
ments, if any, and that the judgment has not been appealed from or re- 
moved to another court, or if so appealed or removed has been aflfirmed;' 
and thereupon such clerk shall assess the amount thereof, with inter- 
est from the date of its rendition to the time when the warrant for the 
collection thereof will expire upon the taxable property of such district, 
placing the same in a separate column on the next tax roll; and the 
same shall be collected and returned as town taxes are and paid to 
the party entitled thereto. In case of a judgment against a joint dis- 
trict, a transcript and affidavit as aforesaid shall be filed with the clerk 
of each town, city or village in which any part of the district is sit- 
uated, and such clerk shall assess on the taxable property of the part 
of such district situated in his town, city or village the same propor- 
tion of the whole amount, with interest as aforesaid, as is assessed on 
such part for the other district taxes in such year. Such proportion 
may be ascertained by the certificate of the district clerk or the certifi- 
cate of the several town, city or village clerks interested to each other, 
showing the amount of other district taxes certified by the district 
clerk to each town, city or village clerk. Whenever for any cause the 
amount which ought to be assessed on any such district or part of dis- 
trict, as above provided, shall not be so assessed in the next tax roll 
after the filing of such transcript and affidavit, such clerk shall assess 
the same on the next or any subsequent tax roll within two years there- 
after. 

Effect of appeal. Section 489. Whenever an appeal shall be 
taken from such judgment against a district and a transcript thereof 
and affidavit shall have been filed as above provided, the director may 
file a certificate of such appeal with the town, city or village clerk, and 
thereupon he shall suspend the assessment of such judgment until the 
determination of such appeal. If such judgment be thereafter affirmed, 
on proof thereof by certificate of the clerk of the appellate court, the 



184 SCHOOL LAWS OF WISCONSIN. 

town, city or village clerk shall assess the same, with interest, in th« 

next tax roll. 

The property belonging to the district is not liable to levy or 
sale upon an execution. Under the rendition of any judgment 
against a school district, a transcript of the same is to be filed 
with the town clerk, or, if the district be a joint district, with 
the clerk of each town in which such district is in part situated. 
The town clerk is then required to assess the amount of the judg- 
ment, with interest thereon, in a separate column, in the next 
assessment roll, and the tax, when collected, shall be paid to the 
party entitled thereto. 



Free high schools. is5 



FREE HIGH SCHOOLS. 



How established. Section 490. 1. Any town, village, city, school 
district, or sub-district may establish and maintain not exceeding two 
high schools in the manner and with the privileges herein provided; 
but no such school shall be established or maintained unless twenty- 
five persons of school age resident of the town, city or village or school 
district, or sub-district, pass a satisfactory examination in the branches 
required to be taught in the common school and are prepared to begin 
a high school course. 

The vote. 2. The question of establishing such schools may be sub- 
mitted by the town, district, sub-district, village board or common coun- 
cil to the legally qualified voters at any annual or special meeting or 
election upon written resolution therefor proposed for adoption; pro- 
vided that ten days' notice of such purpose embodying such resolution 
be given by posting five copies thereof in five different public places in 
such town, village, city, school district or sub-district, or by publishing 
such notice in any newspaper published in any such town, village, city, 
school district or sub-district, ten days prior to the time set for holding 
such meeting. In the case of a sub-district the meeting may be called 
by the clerk thereof. The vote shall be taken by ballot, and canvassed 
according to the statutes for conducting elections in such municipality, 
those ballots in favor being written or printed "for high school," those 
opposed, "against high school." If the resolution be adopted such town, 
district, sub-district, village or city shall constitute a high school dis- 
trict. But this section shall not apply to high schools already estab- 
lished. 

Former action uot invalid. 3. No action heretofore taken by any 
town, village, city, school district or sub-district in voting to form a 
high school or joint high school shall be invalid by reason of any de- 
fect in the form of notice given or the time such notice shall have 
been given, posted or published; but all steps heretofore taken by 
any town, village, city, school district or sub-district in forming a 
high school or joint high school are hereby validated and declared to 
conform to law. (1909 c. 217) 



1S6 SCHOOL LAWS OF WISCONSIN. 

School district electors; powers of. Section 490a. The electors 

of any town, village or city, school district or sub-district maintaining 
a free high school, may at any annual meeting or election, vote upon 
the question of surrendering the certificate of organization of the free 
high school and the dissolving of the high school district; provided, 
that ten aays' notice of such purpose be given by posting five copies 
thereof in five different public places in such town, village, or city, 
school district or sub-district, or by publishing such notice in any news- 
paper published in any such town, village or city, school district or 
sub-district ten days prior to the time set for holding such meeting. 
The vote shall be taken by ballot and canvassed according to the stat- 
utes for conducting elections in such municipality. Those ballots in 
favor of the surrendering of the certificate and dissolution of the free 
high school district shall be written or printed "for surrender," those 
opposed "against surrender." (1901 c. 588) 

Section 490t. No action heretofore taken by the electors or officers 
of any town, village or city, school district or sub-district, in voting to 
form a free high school district, or a joint free high school district, 
shall be invalid by reason of any defect in the form of notice given, 
posted, published or served, or the manner in which such notice shall 
have been given, posted, published or served, and all steps and elections 
heretofore had and taken by any town, village, or city, school district 
or sub-district in forming a high school district or a joint high school 
district are hereby validated and declared to have the same force and 
effect as if there had been no irregularities or oriiissions in the proceed- 
ings had for the purpose of forming such district. (1909 c. 144) 

Joint high school districts. Section 491. Two or more adjoin- 
ing towns or school districts, or one or more towns or school districts 
and an incorporated village or city, when the same together will make 
a district of contiguous territory, may unite in establishing and main- 
taining any such high school. The resolution proposing the same shall 
be approved and submitted and the notice of election signed by at least 
a majority of the supervisors of each town, the directors of each school 
district, the common council of such city and trustees of such village, 
if any, and the election shall be notified and conducted in each town, 
school district, city or village as provided in the preceding section. 
Such resolution shall not be adopted unless a majority of the votes cast 
in each such town, school district, city or village, be in favor thereof. 

Canvass. The votes shall be canvassed at the first election, and 
all subsequent elections in the several towns as at town meetings, in 
the several school districts as at annual school district meetings, in the 



t'REE HIGH SCHOOLS. 187 

city, if any, as at a cliarter election, and in tlie village if any, as at vil- 
lage elections; and the supervisors of the several towns, directors of 
said school districts, common council of such city and trustees of such 
village shall, within one week after such election, meet and canvass the 
votes and certify the result to the town clerk of each town, the clerk 
of each school district, the clerk of such city and to the village clerk 
of such village. If such resolution be adopted, the town, or towns, 
school district or school districts and city and village, so voting, shall 
constitute a joint high school district. 

JN'ew town or village. The creation of a new town or incorpora- 
tion of a village out of the territory included in a free high school dis- 
trict shall not dissolve nor otherwise affect such district but suchi 
towns or town and village shall thereafter constitute a joint high school 
district. 

lOnlargement of district. A town, school district, incorporated 

village or city contiguous to a free high school district may become 
joint with such district upon the approval and submission of a resolu- 
tion proposing the same and the terms thereof, and notice of election 
signed by a majority of the supervisors of each town, directors of each 
school district, common council of each city, and trustees of each vil- 
lage, if any, to be affected and the adoption of such resolution by a 
majority of all the votes cast in each such town, school district, city or 
village, the election to be had and the result canvassed and determined 
in the manner provided herein for the organization of a joint high 
school district in the first instance. (1903 c. SJfo) 

Certificate. Section 491a. Whenever a free high school shall 

have been established and maintained as provided in sections 490 and 
491 for at least three [eight] months, and the proper board shall have 
made the report required by section 496 in order to obtain the aid fur- 
nished by the state in maintaining free high schools, they shall append 
thereto a certificate that such school is established and maintained in 
a district composed of a town; of a town and an Incorporated village 
within the town; of two or more towns; or of two or more towns and 
an incorporated village in one or in each of them. (1901 c. 345) 

State aid. Section 491b. 1. Upon receiving the reports and ap- 
pended certificate provided for in section 496, it shall be the duty of the 
state superintendent to make a separate and distinct class of the 
schools thus established and maintained in the districts designated in 
section 491a as amended by this act, and each such school shall be en- 
titled to receive from the general fund of the state annually, one-half 
the amount actually expended for instruction therein; and said superin- 



188 SCHOOL LAWS OF WISCONSIN. 

tendent shall fix the amount to be paid to each of said high schools 
and cei'tify the same to the secretary of state at the time and in the 
manner he is now required to fix and certify to him the amount to be 
paid to high school districts; provided that the amount so appropriated 
to any high school having a principal and one assistant shall not ex- 
ceed nine hundred dollars, and the amount so appropriated to any high 
school having a principal and two assistants shall not exceed twelve 
hundred dollars, and the amount so appropriated to any high school 
having a principal and three or more assistants shall not exceed fifteen 
hundred dollars. 

2. The amount of any such certificate shall be paid at any time after 
the first day of December, out of the state treasury to the district treas- 
urer, but the whole amount so paid shall not exceed fifty thousand dol- 
lars in any one year to this class of free high schools and if more is 
demanded by such districts they shall be paid proportionally. 

3. The secretary of state shall annually include and apportion in the 
state tax all such sums as shall have been so paid, in addition to the 
amount authorized to be paid in aid of free high schools by section 
496 and in addition to all other sums levied for the year. (1909 c. 
251) 

The number of town free high schools already established in the 
state practically exhausted the twenty-five thousand dollars. This 
additional twenty-five thousand dollars will, for a time at least, 
result in an increase of the amount furnished to district free high 
schools, inasmuch as the surplus of the sum provided for town 
free high schools is by law to be placed in the district free high 
school fund and the number of town free high schools already 
established does not require that the entire fifty thousand dollars 
shall be apportioned in order that the statutes relating to such 
schools may be complied with. 

This law strikes out the words "in towns or in towns or villages 
where no graded school exists" so that hereafter high school 
districts comprised of an entire town or of two or more towns 
will snare in greater proportion in the free high school appor- 
tionment than heretofore in those cases where there are "graded" 
schools in the town high school district. 

An annual appropriation of not more than fifty thousand dollars 
is made to encourage the establishment and maintenance of free 
high schools in towns where the high school district is comprised 
of one or more towns. 

Submission of question to vote. Section 491c. It is hereby made 
the duty of the town, village, city or school district board to submit 
any resolution proposed in pursuance of section 491 as amended by 
section 1 of chapter 57 of the Laws of 1899, as amended by section 1 
of chapter 345 of the Laws of 1903, to the voters of such town, vil- 
lage, city or school district upon the filing with said board of a peti- 
tion in writing, praying such submission, signed by at least ten per 
cent of the qualified electors who voted at the last preceding guber- 
natorial election in such town, city, village or school district. (1905 
c. IIJ,) 



FREE HIGH SCHOOLS. 189 

High school distiact; officers; how elected. Section 492. The 
officers of each free high school district shall he a director, treasurer 
and clerk, whose term shall he each three years beginning with the 
annual town meeting and until his successor shall have been chosen; 
provided that at the first election the clerk shall be chosen for one 
year, the treasurer for two years and the director for three years. 
All of said officers may be chosen first at the same election at which 
the question of establishing a high school is submitted, to take their 
offices if the resolution thei'efor be adopted. Thereafter such officers 
shall be elected at the annual town meeting or charter election. The 
votes cast shall be canvassed and the result declared and certified as 
provided. 

In certain cities. But in all cities not under a county superin- 
tendent which now constitute free high school districts or which shall 
hereafter adopt the resolution provided for in section 490 and be- 
come free high school districts, the board of education in each such 
city shall be the high school board, and the city treasurer shall be ex- 
officio the treasurer of the high school district, unless the board of 
education embrace a treasurer. 

In graded school districts. And in all districts maintaining a 
graded school of not less than two departments which now constitute 
free high school districts or which shall hereafter adopt such resolu- 
tion, the district board in each shall be the high school board and 
the district treasurer shall be the treasurer of the high school district. 

In sub-districts. Whenever a sub-district shall vote to establish 
and maintain a free high school, such sub-district shall constitute a 
free high school district, shall elect a free high school board, the 
clerk for one year, the treasurer for two years, and the director for 
three years; thereafter one ofl!icer shall be elected annually in place 
of the one whose term expires at the annual meeting of such sub-dis- 
trict and such high school board shall perform all the duties and have 
the same authority as high school boards in towns or districts. 

Clerks and treasurers. The clerk shall certify all taxes levied 
for high school purposes to the town, city or village clerk, who shall 
apportion the same upon the taxable property of the sub-district, and 
the treasurer of such municipality shall collect the taxes thus appor- 
tioned and pay over the same to the high school treasurer and return 
the delinquent taxes to the county treasurer as in other cases. ^ 

Voting. Separate ballots and a separate ballot box for school 
district officers shall be provided. 



190 SCHOOL LAWS OF WISCONSIN. 

Canvassing of votes. The names of candidates for school district 
officers voted for shall be printed or written on a ticket separate from 
the town, village or city ticket, and the ballots cast at this election 
shall be canvassed according to the statutes for conducting elections 
in the municipalities interested, the results certified to by the canvass- 
ing officers to be sealed and placed in the hands of the chairman of 
the town, the president of the village board of trustees or the mayor 
of the city, as the case may be. 

Recanvassing of votes. Such officers shall hold their first meet- 
ing at two o'clock p. m. on the first Saturday , following the town, vil- 
lage or city election at the office of the clerk of the town having the 
largest population, or if a village or city shall be interested, at the 
office of the village or city clerk for the purpose of recanvassing the 
votes cast in each municipality for the election of high school- officers 
and certifying the result to the proper clerk. Said clerk shall certify 
the name of the officer or officers elected in said district to the clerk 
of each town, village or city, in the joint free high school district. 
The officers so elected shall have the same authority, be charged with 
the same duties, and be under the same liabilities as other officers of 
free high school districts. (1901 c. J/SS) 

High school board; township system. Section 492a. The' town 
board of school directors in any township now organized or which may 
be hereafter organized under the township system of school govern- 
ment, shall be and is hereby constituted the free high school board for 
the town as a free high school district. In. such cases the secretary 
of the town board of school directors, shall be ex-officio clerk, the presi- 
dent of the board shall be ex-officio director, and the town treasurer 
shall be ex-officio treasurer of the free high school board of said dis- 
trict. Said board is hereby authorized to perform all and singular the 
duties prescribed by law for free high school officers and boards, and 
the function and duty of free high school boards heretofore organized 
and acting as such in a free high school district consisting of a town 
having the township system of school government, shall cease and be 
of no effect on and after the lawful surrender of records, papers, 
moneys and other property as hereinafter provided. The records and 
accounts of the board created by this act shall be kept separate and 
distinct from the records and accounts which the said board are re- 
quired to keep as a town board of school directors. The free high 
school board in any existing free high school district composed of a 
single town organized under the township system of school govern- 
ment, is hereby authorized and directed, immediately upon the passage 
of this act, to deliver to the care and custody of the free high school 
board herein provided for in such cases, all records, papers, money, 



FREE HIGH SCHOOLS. 191 

and other property ol the free high school districts, and the free high 
school board herein provided for shall accept the care and custody of 
such records, papers, money, and other property and use them for and 
in behalf of the free high school district in conformity to law. (1901 
c. 253) 

Officers' duties; other statutes apply. Section 493. Such offi- 
cers shall constitute the high school board, and shall conduct the af- 
fairs of the high school district on the same general plan provided for 
a school district, and possess, with respect to such high school dis- 
trict, all the powers and be charged with all the duties conferred and 
imposed by the statutes on the district officers and district board of a 
school district applicable to such high school district; the treasurer 
shall give a like bond, to be approved and filed in a similar manner. 
The high school district clerk shall make a similar report to that re- 
quired by section 462, omitting the first subdivision. The board may 
grade such school and establish the branches of study to be taught 
therein, under the advice of the state superintendent. Every forfeiture 
and punishment for neglect or violation of duty in a school district 
officer shall apply to a high school district officer for like neglect or 
violation. The reports of free high schools in cities not under a 
county superintendent shall be included in the reports from such 
cities to the state superintendent. 

The officers, if elected, are to bear the same names and are 
elected for the same terms as like officers in school districts. In 
cities independent of the county superintendent, the board of edu- 
cation, and in single districts, the district board, or under the 
township system the town board of school directors becomes the 
free high school board, without action on the part of the people 
at the time of voting on the adoption of the system. 

The duties of the . several officers and of the boards are similar 
to those of district officers and boards. The clerk is to report 
directly to the county superintendent, but in cities independent 
of that officer, the report must be made by the city superintendent 
or by the board of education, and incorporated in the report of 
other matters to the state superintendent. Section 496 provides 
for a financial report to be made in duplicate for each free high 
school directly to the state superintendent. 

, School boards of seven members. Section 493a. Any school 
district containing within its boundaries a city in which a high school 
is maintained and which expends annually in the maintenance of its 
schools a sum exceeding four thousand dollars, may, upon determining 
so to do by the vote of the electors present, at any annual school meet- 
ing held in such school district, have a district board comprising seven 
members which shall be known as the school board of the city, com- 
prising in whole or in part such district, three of whom shall be the 
director, treasurer and clerk, as now provided by law, who shall each 
discharge the separate duties now imposed upon liim by Jq,w and shall 



192 SCHOOL LAWS OP WISCONSIN. 

be elected and hold office for the term now provided by law, and no 
two of whom shall be residents of the same ward in such city until 
each ward therein shall have at least one member on such board. 

Bounclaries of city and district identical. Where such school 
district and city are identical in territory, the members of said dis- 
trict board shall be chosen one from each ward of such city in the 
order in which the wards are numbered, until the full number is 
chosen; provided, that in case such city have fewer thf:n seven wards, 
additional member or members shall be chosen from the district-at- 
large; and, provided, further, that in school d tricts having school 
boards elected under and pursuant to section 1 ' i)jp,pter 317 of the 
l^a^ :5 of Wisconsin for 1899 or under said act a n75hded by chapter 
20t. o^ the laws of Wisconsin for 1901, members such boards, includ- 
ing those chosen to fill vacancies, shall be chose from wards not rep- 
resented as herein provided until such represe :ation shall be fully 
established, provided electors of such school districts decide at any 
annual meeting to adopt the provisions of this act. Removal by a 
member of such board from the ward frori. 'vi^hich he was chosen shall 
create a vacancy. And all directors, clerks and treasurers now in of- 
fice in such districts, shall continue in their respective offices during 
the full term for which they were elected. 

Additional members; how selected. The remaining four mem- 
bers of such district board, shall be elected as school district officers 
are now required to be elected, at the annual school meeting which 
may adopt this act; two of said four shall be elected for the period of 
one year and the remaining two for the period of two years and un- 
til their successors have been elected or appointed. At every succeed- 
ing annual school meeting in such district there shall be elected in 
addition to a director, clerk or treasurer, as the case may be, two of 
such additional members of such board, who shall hold their oflBce for 
two years and until their successors are elected or appointed. 

Vacancies; how filled. In case of vacancies in the said board, 
such vacancies shall be filled as now provided for filling vacancies in 
district boards, the members so chosen to hold until the next annual 
district meeting. 

Board; power of. Such school boards shall exercise all the pow- 
ers, and discharge all the duties now imposed upon the district boards 
of such districts. Regular meetings of said board shall be held, and 
special meetings thereof may be called upon request of any three 
members of such board to the clerk, who shall thereupon, at least 
twenty-four hours before such special meeting is held, give written 
notice thereof to the remaining members of the board. (1905 c. 421) 



FREE HIGH SCHOOLS. ]93 

School boards; number of members; how increased. Section 
493b. The number of members of any school board shall not be in- 
creased as provided in section 1, (section 493a) unless a notice in 
writing of the proposition for such increase, signed by at least twenty- 
five electors of the school district shall be filed with the clerk of said 
district, at least ten days prior to the annual meeting; and the clerk 
shall include in the notice of such meeting the substance of such 
proposition. (W07 c. 19S) 

This act restricts the powers of the electors assembled at an 
annual meeting, j-jiasmuch as a notice properly signed must be 
filed with the. dit 'rict clerk and the district clerk must also give 
notice that t'~ ' ^'r^stion of increasing the number of members wi)J 
be voted u)) o ;ithe annual meeting. Otherwise the attempted' 
change will be id. ^' 

Schools free; ter heis' qualifications. Section 494. All such 
free high schools sh& l be free to all pupils resident in the district. 
Every principal of such school shall, in addition to his qualifications 
as teacher of a common scij . i, be a graduate of some university, col- 
lege or normal school, hold a state certificate or pass an examination 
in the studies required to be taught in any such school; provided, the 
state certificates authorized by law and the certificates authorized by 
section 496a shall qualify their holders both as principals and as 
teachers of common schools; and each principal and assistant teacher 
in a free high school shall be eligible to teach only on approval of his 
certificate by the state superintendent; and the high school board or 
boards of education having charge of such schools shall determine, 
with the advice and consent of such superintendent, the course of 
study and minimum standard of qualification for admission to the 
same. 

The state superintendent will require each assistant in such 
schools to furnish evidence of his qualifications to teach every 
branch assigned him in the school course. Every assistant in a 
free high school who does not hold a state certificate or a counter- 
signed diploma should therefore secure the superintendent's ap- 
proval of his qualifications before the beginning of the fall term 
of school. Only thus can he make a legal contract, or the school 
be entitled to the aid provided by law. Each assistant should 
send to the state superintendent a local certificate that includes 
all the branches he is required to teach, and which continues in 
force durin.g the time for which he wishes his certificate to be 
approved. Should he desire to teach branches that are not in- 
cluded in the highest certificate that the local authority is au;- 
thorized to issue, the state superintendent will provide for his ex- 
amination in such topics. 

Diplomas and standings from reputable colleges and state nor- 
mal schools not in the state will receive due credit, if accom- 
panied by proper local certificates. 

Taxes; Apportionment of. Section 495. 1. In all cases where 
a free high school is maintained in a common school district a§ 

■ 13— S. L. 



i^94 SCHOOL LAWS OF WISCONSIN. 

a part of the district school system in a district in which the 
electors meet annually for the purpose of electing officers and transact- 
ing other business, said electors shall include in their appropriation for 
the purpose of maintaining the schools for the then current school year 
an amount sufficient to maintain said high school department for a 
period of at least nine months; said amount to he certified by the clerk 
of the free high school board to the proper town, city or village clerk. 

2. If the common school district is joint of parts of two or more 
towns, or of an incorporated village or a city and one or more towns, 
it shall be the duty of the clerk to certify to the clerk of each town 
part of which is included in said district, and to the city or village 
clerk as the case may be, the proportionate amount to be raised by 
such town or village or city, said proportion to be determined accord- 
ing to the total valuation of all the taxable property as equalized 
by the boards of review, statements of which shall, as soon as the 
assessment is complete, be sent by the respective town, village or city 
clerks to the clerk of such district. Such tax shall be apportioned on 
the next tax roll of such clerk or other officer making the roll and col- 
lected and returned as other taxes and paid to the high school district 
treasurer, and all such moneys raised and received for the purpose of 
maintaining said free high school shall be paid out only on orders 
drawn and countersigned in the manner prescribed for making pay- 
ments in common school districts. Any town which is a single high 
school district may by resolution adopted at the annual town meeting 
limit the amount to be raised for high school purposes during such 
year. In case of a joint town high school district the town boards of 
the several towns may by joint resolution adopted by all such boards 
before the first day of July likewise limit, the amount to be raised 
therein. 

3. If the electors of any free high school district at the annual or at 
a subsequent special district meeting held prior to the third Monday 
of November following, shall not vote a tax sufficient to maintain said 
free high school for the term of at least nine months during the cur- 
rent year, the free high school board must, on or before the Wednes- 
day next following said third Monday of November, determine the sum 
necessary to be raised to so maintain such free high school, and the 
clerk shall forthwith certify to the proper town, city or village clerks 
the amount so fixed. Upon receipt of this certificate the town, village 
or city clerks shall assess the same as other taxes are assessed. (1911 
c. 102) 

If the amount to be raised is legally apportioned to the town, 
the clerk thereof must include it in the tax roll, notwithstanding 
directions from the town board and the electors at the town 
meeting to the contrary. "The refusal of one town or any number 
of towns (at least any number less than the whole), in a joint 



FREE HIGH SCHOOLS. 195 

free high school district, to levy and collect taxes on the taxable 
property in any such town to pay its due proportion of the ex- 
penses of maintaining the school when such proportion has been 
lawfully ascertained cannot disorganize or dissolve the joint dis- 
trict or relieve the clerk of any such defaulting town of the duty 
of inserting the proper sum in the tax roll of his town." State 
V. Lamont, 86 Wis., 563. 

Providing for town free high school buildings. Section 495a. 
The electors of any town organized as a town free high school dis- 
trict are authorized at any annual town meeting or special town meet- 
ing, regularly called, to levy a tax upon the real and personal prop- 
erty of said town free high school district for the purpose of purchas- 
ing a site, erecting a suitable school building thereon, and furnishing 
said building with the necessary furniture, and heating and ventilating 
apparatus. (1903 c. 123) 

This law was passed for the purpose of authorizing the electors 
of the town, assembled at some special or annual town meeting, 
to vote a tax for the purpose of providing funds for the erection 
and equipment of a town high school building and for purchasing 
a site. This law does not give the electors the power to select or 
designate the location of the free high school site. 

Chapter 351, Laws of 1909 (Section 430 — 1) provides a most 
excellent plan for holding annual school meetings in village and 
city hign school districts. 

The union high school. Section 49 5 — 1 to 495 — 18 inclusive. 
This form of high school organization is given in a chapter by itself, 
following the general chapter on high schools. 

Free high schools; state aid; hoAV obtained; may be withheld. 

Section 496. 1. Any free high school district which shall have estab- 
lished a free high school according to the provisions of these statutes 
and shall have maintained the same for not less than eight months in 
any school year, shall be entitled to receive from the general fund 
of the state annually one-half of the amount actually expended lov in- 
struction in its high school during such year over and above the 
amount required by law to be expended for common school purposes, 
but not to exceed in one year five hundred dollars to one district; 
provided, this limitation shall not apply to town free high schools. 

2. To obtain such aid the high school board, or in cities not under a 
county superintendent, the president and secretary of the board of 
education and the treasurer, shall on or before the first day of Au- 
gust, report in duplicate to the state superintendent, under their oaths, 
the amount actually expended for instruction during the previous 
school year, specifying the several items thereof, with the date and ob- 
ject of each fully. Thereupon said superintendent shall fix the amount 
to be paid such district and certify the same to the secretary of state 
with one of such reports annexed; provided, that the state superin- 



196 SCHOOL LAWS OF WISCONSIN. 

tendent may withhold such state aid from any free high school dis- 
trict in which the scope and character of the work are not main- 
tained in such manner as to meet his approval or which the high 
school building, the outhouses and grounds, or the furniture and equip- 
ment are not maintained in good condition and kept clean and free 
from any unsanitary features; or in which the high school is not pro- 
vided wtih sufficient equipment, including globes, maps, blackboards, 
library, scientific apparatus and other essentials for the proper work 
of the school or for failure to comply with any of the provisions of 
the free high school law. He may order and direct that an amount 
equal to the whole or part of such state aid for any year shall be ex- 
pended in the purchase of proper equipment and in case of failure of 
the district to comply with such direction he shall withhold from the 
aid to that district an amount equal to the sum ordered to be expended. 
On such certificate, at any time after the first day of December, the 
certified amount shall be paid to the district treasurer out of the state 
treasury. 

o. The secretary of state shall annually include and apportion in the 
state tax all such sums as shall have been paid. Whenever, owing to 
any failure or neglect to make the report required by law, any free 
high school shall fail to have apportioned to it, its share of the state 
aid, the state superintendent may, after the time hereinbefore fixed 
for such apportionment by him, fix an amount ten per centum less 
than the amount which said school would have been entitled to had it 
complied with the provisions of this section, and certify the same to 
the secretary of state with the report of such district annexed thereto, 
and the secretary of state shall thereupon draw his warrant for such 
amount or amounts in favor of such district. (1907 c. 527) 

This relates to free high schools only and makes entirely clear 
certain powers that existed under the old law by implication. 
This act definitely authorizes the state superintendent to withhold 
state aid from any free high school district in which the school 
work is not carried on in an efficient manner or in which the 
school buildings, grounds, furniture and equipment are not main- 
tained in good condition and kept free from unsightly and un- 
sanitary features. Free high school officers and electors of dis- 
tricts maintaining free high schools may be directly affected by 
this act and the officers especially, should immediately take such 
action as may be necessary in order to avoid any possible chance 
of failure on the part of the free high school district to share in 
the usual high school apportionment. 

4. The whole amount annually paid under the provisions of subsec- 
tion 3, section 496, of the statutes, shall not exce'ed one hundred 
thousand dollars, and if more be demanded by such districts they shall 
be paid proportionally; providedj that if the whole amount authorized 
to be paid annually in aid of free high scliQpls, as provided 'by section 



il 



FREE HIGH SCHOOLS. 197 

491b as amended, is not demanded or expended under the provisions of 
that section then the unexpended balance of the amount therein an- 
nually authorized to be paid in aid of such schools may be added to 
and apportioned among the free high schools provided for in sections 
490 and 491. (lUtt c. 55S>) 

Supervision aiul cour.se of study. Section 49 6a. The state super- 
intendent shall ])repare a course or courses of study suitable to be 
pursued in free high schools, publish the same and furnish the 
same upon application. He shall exercise such personal super- 
vision and make such personal inspection of the work of all such 
schools as they seem to require and the other duties of his 
office may warrant; he shall examine or cause to be examined all 
teachers of high schools, required by law to pass special examina- 
tions to qualify them for teaching in high schools, and grant certi- 
ficates to such as pass examinations satisfactorily, which certifi- 
cates shall be in such form and for such time as he may prescribe, 
and shall authorize the holder to teach in such special place O'" 
places or in the whole state, as the qualifications of the candidate 
may warrant. Said superintendent shall furnish suitable blanks 
for annual and special reports for all such schools, which shall re- 
quire returns as to the number, age and sex of all pupils enrolled, 
the number in each class or year in the course of study, the num- 
ber pursuing the English branches only, the number completing 
the course of study each year and such other statistics as may be 
deemed necessary. (1911 c. 199) 

Courses of study are furnished by the state superintendent, 
whicn indicate the scope of the work required by this department. 
Such modifications as may be thought necessary to kdapt these 
courses to local needs require the approval of the state superin- 
tendent. 

Manual training; agriculture and domestic economy; state aid 
for. Section 496b. 1. Any board having charge of a free high school 
or of a high school having a course of study equivalent to the 
course prescribed by the state superintendent for such free high 
schools may establish and maintain in connection with the high 
school under its management, or in connection with said high 
school and the three upper grades next below the high school, as 
said board shall decide, a department of manual training, or domeS' 
tic economy, or agriculture, or any or all of said departments. 

2. The expense of maintaining such departments shall be provid- 
ed for in the same manner as other expenses of maintaining such 
schools, and such departments shall be under the management, 
direction and control of such board. 

3. The state superintendent shall, so far as his other duties may 



198 SCHOOL LAWS OF WISCONSIN. 

warrant, give sucli information and assistance as may seem neces- 
sary in organizing and maintaining sucli departments, and in ar- 
ranging schemes and outlines of work; and with the aid of the 
inspector of high schools, and when occasion shall require it, with 
the aid of the inspectors of graded schools, shall have the general 
supervision of all departments established under this section; and 
shall from time to time inspect the same, make such recommenda- 
tions relating to their management as he may deem necessary, and 
make such report thereon as shall give full information concerning 
their number, character and efficiency. 

4. The state superintendent shall establish a standard of qualifi- 
cation for ail teachers in such departments, and may grant special 
certificates to such applicants as are fully qualified to instruct in 
special lines of work, which certificates shall be in such form and 
for such time as he may prescribe, and shall be regarded as quali- 
fying the holders thereof to teach in those departments established 
under this act which shall be named in such certificates. 

Section 496c. 1. Any school whose course of study or outline of 
work in manual training, domestic economy, or agriculture, has 
been approved by the state superintendent, and whose teacher has 
been qualified may, upon application be placed upon an approved 
list of schools maintaining such a department or departments. 

2. A school once entered upon such list may remain there and 
be entitled to state aid so long as the scope and character of its 
work are maintained in such manner as to meet the approval 
of such superintendent. On the first day of July in each year the 
clerk of each school board maintaining such department or depart- 
ments in the school or schools under its jurisdiction, or the city 
superintendent of any city where such an approved school is main- 
tained, shall report to the state superintendent in such form as 
may be required, setting forth the facts relating to the cost of 
maintaining the department or departments established under this 
act the character of the work done, the number and names of teach- 
ers employed, and the length of time each department was main- 
tained during the preceding year. And upon the receipt of such re- 
port, if it shall appear that the department has been maintained 
in a satisfactory manner for a period of not less than six months 
during the year, the said superintendent shall make a certificate to 
that effect and file it with the secretary of state. 

3. Upon receiving such certificate the \secretary of state shall 
draw his warrant for one-half the amount actually expended for 
instruction in each department established under this act during the 
year for which the state aid is received, not, however, to exceed 
three hundred and fifty dollars for each department established 



FREE HIGH SCHOOLS. 199 

under this act which shall have been maintained in connection with 
the high school and the three upper grades next below the high 
school, but not to exceed two hundred and fifty dollars for each 
department established under this act which shall have been con- 
nected with only the high school. Provided, however, that no one 
school district shall receive aid in any one year for more than 
three such departments. The sum payable in accordance herewith 
to be payable to the treasurer of the district or corporation main- 
taining the school; provided, that the total amount expended for 
such purpose shall not exceed fifty thousand dollars in any year. 

Section 496c — 1. By and with the advice and consent of the 
state superintendent of public instruction the district board or 
boards of education of two or more school districts each of which 
maintains a free high school, may unite in engaging the services 
of a suitable teacher or teachers of manual training for the purpose 
of giving instruction in manual training in the schools of the dis- 
tricts so uniting. Each of the school districts so uniting shall pay 
such share of the salary of the instructor or instructors of manual 
training as shall be proportionate to the time devoted to instruction 
in manual training in the schools of each said districts. Each 
school district included in such agreement and giving instruction 
in manual training in accordance with the provisions of this chapter 
shall receive the state aid provided for in this chapter. (1911 c. 491) 

The provisions of this chapter are easily understood and must 
commend themselves to the consideration of all free high school 
boards. 

SCOPE OF THE WOKK. 

For a more nearly complete statement of work required, see 
the outline of work as given in the Free High School Manual is- 
sued by the state superintendent. 

(a) The scheme of work should cover at least two years of 
time, and should be of a character to afford advantages to both 
sexes and all classes represented in the school. 

(b) Specifically, the scheme should include instruction and 
exercises in free hand and mechanical drawing. 

(c) Instruction and exercises in bench work in wood — saw- 
ing, planing, tenons, mortises, joinery, inlaid work, etc., etc. 

(d) Instruction and exercises in lathe work in wood — wood 
turning, face-plate and center turning, polishing and simple de- 
signing. 

(e) Instruction and exercises in blacksmithing — elementary pro- 
cesses of the forge — welding, forging and tempering. 

(f) Lathe work in metal — metal turning, use of machine and 
hand tools in metal work; exercises devised to develop uses of 
tools. 

The above lines of work may be expanded almost indefinitely, 
as facilities are provided, and the course is extended, to include 
patternmaking, moulding, casting, etc.; by introducing exercises 
in wood carving, in the use of carving tools in ornamental line 
work, and the shaping of simple designs in low relief. Drawing, 



200 SCHOOL LAWS OF WISCONSIN. 

also, may be extended to include architectural drawing and de- 
signing. 

(g) Instruction and exercises in sewing — forms of stitches, 
piecing, hemming, darning, mending, patching, making. As facil- 
ities are provided cutting, fitting and making garments in cotton, 
wool and other fabrics may be voluntarily added. 

(h) Instruction and exercises in cooking — study of foods, die- 
tetic values and combinations; uses and processes of cooking; 
preparation of common foods — soups, meat, vegetables, bread, tea, 
coffee, cocoa, cakes, pies, puddings, etc., etc. 

QUALIFICATIONS OF TEACHERS. 

Each applicant will be judged as to fitness by. literary and me- 
chanical training, and upon evidence of intelligent apprehensions 
of the methods, aims and purposes of manual training. It is to 
be constantly borne in mind that manual training is a form of 
education; a method by which the senses of sight, hearing, touch, 
and all muscular energy are called into activity, to cultivate pre- 
cision and multiplicity of perception, the correlation and co-ordi- 
nation of processes of reasoning and reflection, which result in 
variety and accuracy of judgment. The product of these proc- 
esses is higher, broader mental culture, as well as mechanical 
skill; that the latter should be the sign and token of the former; 
and that only such as discern this significance in manual train- 
ing should be entrusted with the management of such depart- 
ments. The manual training schools, and the mechanical en- 
gineering department of the university of our own state and 
those of other states, should furnish an adequate supply of compe- 
tent teachers. For certificates and diplomas see sections 458b — 1 
and 45Sn. 

Residents of towns and villages without free high schools may at- 
tend free high schools in other districts; tuition, how paid. Sec- 
tion 496j. The free high schooT board of any free high school dis- 
trict organized under the laws of this state, shall admit to the high 
school under its control, whenever the facilities for seating and 
instruction will warrant, any person of school age prepared to enter 
such school, who may reside in any town or incorporated village, 
but not within any free high school district, and who shall have 
completed the course of study in the school district in which he re- 
sides, or one equivalent thereto. Persons so admitted shall be 
entitled to the same privileges and be subject to the same rules 
and regulations as pupils of the school who are residents of the 
free high school district. (1901 c. 188; 1903 c. 329) 

Tuition fee, statement of. Section 496k. Whenever persons, not 
residing in any free high school district and having completed the 
course of study in the school district in which they reside, or one 
equivalent thereto, as herein provided, enter any free high school 
the free high school board of that district shall be entitled and 
is hereby authorized to charge a tuition fee for such pupils not to 
exceed fifty cents per week. On or before the first day of July in 
each year, the secretary of the free high school board shall make 



FREE HIGH SCHOOLS. 201 

a sworn statement to the clerk of the city, town or village from 
which any person may have been admitted to said free high school. 
Said statement shall set forth the residence, name, age and date 
of entrance to such school, and the number of months' attendance 
during the preceding school year of each person so admitted from 
such city, town or village; this statement shall show the amount 
of tuition which, under the provisions of this act, the district is 
entitled to receive for each person reported as having been a mem- 
ber of the school from such city town or village, and the aggregate 
sum for tuition for all persons so admitted from each city, town 
or village, which statement shall be filed as a claim against the 
town, city or village where such person resides, and allowed as 
other claims are allowed. (1901 c. 1S8; 1903 c. 329.) 

Evidence of completion of course of study, what is sufficient. 

Section 4961. 1. A certificate or common school diploma issued 
by or under the direction of the county or district superintendent 
oi schools, setting forth that the holder thereof has completed the 
course of study in the school district in which he resides, or one 
equivalent thereto, which course shall be at least equivalent to 
the course of study provided by the state superintendent for the 
common schools of the state, or a duly certified copy thereof, shall 
be evidence of the completion of the course of study as provided in 
this act. 

2. Such certificate or diploma or a certified copy thereof shall 
be filed with the secretary of the free high school district, upon 
admission of the holder to the free high school. All diplomas, 
certificates or certified copies thereof, so filed shall be attached 
to the sworn statement of such secretary, when making claim for 
tuition to the town in which such person resides as hereinbefore 
provided for. (1901 c. 251) 

Tuition, how collected in villages. Section 496m. The village 
clerk shall enter iipon the tax roll of the village for the ensuing 
year such sums as may be due for tuition on account of residents 
of the village who have attended such free high school or schools, 
and the amounts so entered shall be collected when and as other 
taxes are collected, and shall be paid when so collected, to the 
treasurer of the free high school district or districts, where such 
persons have attended the free high school or schools. 

How collected in tounos. Section 496n. The clerk of any town 
not having within its territory a free high school district, shall 
enter upon the tax roll of the town for the ensuing year such 
sums as may be due for tuition on account of residents of the 
town who have attended such free high school or schools, and the 



202 SCHOOL LAWS OF WISCONSIN. 

amounts so entered shall be collected when and as other taxes 
are collected, and shall be paid when so collected, to the treasur- 
er of the free high school district where such persons have at- 
tended the free high school or schools. 

How collected in portion of town or city not in district. Section 
49 60. The clerk of any town or city, a portion of which consti- 
tutes or forms a part of a free high school district, shall enter upon 
the tax roll for that part of the town or city, not within a free high 
school district, such sums as may be due for tuition on account of 
residents of that portion of the town or city, that have attended 
such free high school or schools, and the amounts so entered shall 
be collected when, and as other taxes are collected, and shall be 
paid when so collected, to the treasurer of the free high school dis- 
trict or districts where such persons have attended the free nigh 
school or schools. 

This law permits persons (a) of school age (b) not residing 
in a free high school district, and (c) possessed of proper evi- 
dence of having completed a common school course of study, to 
attend any free high school in Wisconsin, where (d) facilities 
for instruction are sufficient, and (e) subject to the rules and 
regulations of such school and makes their tuition not to exceed 
fifty cents a week, chargeable to the town, city or village in 
which they reside. 
Under "(c)" above the following points are to be noted: 

1. The course of study to be completed must be prescribed by 
the state superintendent, and it is left to him to determine what 
shall constitute a completion hereof. The course prescribed by 
him is found in the manual for common schools. 

2. Except in city superintendent districts, all public schools ex- 
cept free high schools, are under the supervision of some county 
superintendent, and all diplomas issued by such schools must re- 
ceive his sanction in order to be received as evidence that the 
common school course of study has been completed. He may in- 
sist upon examination in all cases, or, as in the case of a system 
of graded schools under the supervision of a high school princi- 
pal, he may accept the certificates of the principal without ex- 
amination. 

3. It follows, therefore, that whereas the principal, acting under 
direction of the board has heretofore had the power to determine 
the qualifications for admission, the power to do so now rests 
solely with the county superintendent. 

It would seem that in all cases where a pupil has been in at- 
tendance upon a free high school and has completed the work of 
any year of said high school, the records may be taken by the 
county superintendent as sufficient evidence of the qualifications 
of the pupil to continue high school work, and of his right, if he 
so desires, to have his tuition made a charge upon the town or 
village in which he resides. It would also seem that in cases 
where nonresident pupils complete the work in the 8th or 9th 
grade in any district having a free high school, the record of 
such department may be accepted by the county superintendent 
as evidence of the fitness of such pupil to enter the high school 
with other pupils of the same class and grade, who are residents 
of the free high school district. 



FREE HIGH SCHOOLS. 203 

4. In ordei" that charges for tuition may be collected by a free 
high school board from the town in which any nonresident stu- 
dent resides, the secretary must, before the first day of July in 
each year, file a sworn statement with the clerk, giving resi- 
dence, name, age, date of entrance and number of months' attend- 
ance at school of each person so admitted from his town, city or 
village, together with the amount of tuition charged, such charge 
not to exceed fifty cents per week. 

5. This statement must be accompanied by a diploma, or copy 
of diploma, or certificate from one who has signed the diploma, 
or a certificate from the county superintendent. As above shown, 
this diploma, if from a public school under the supervision of the 
county superintendent, must have been issued by the county 
superintendent, or have received his sanction in order that it 
may be received as evidence that the common school course of 
study has been completed. 

When a certificate or diploma as above described, or a certified 
copy of either, has once been filed with the clerk, the law will 
doubtless be satisfied thereafter if other copies are not filed with 
him with the bill for tuition. 

Powers of electors; buildings for town free high school districts. 

Section 49 6p. Upon the filing with the town clerk or clerks of each 
town included in any town free high school district and with the 
village clerk of any village included therein, a petition in writing 
signed by at least ten per cent of the qualified electors of such town 
high school district as determined by the last preceding guberna- 
torial election asking to have submitted to a vote of the 
electors of said district the question of erecting a new school 
building therein or building an addition to a schoolhouse 
or furnishing such building with necessary furniture and heating 
and ventilating apparatus, the supervisors of the several towns and 
the trustees of any village included in any such joint free high 
school district, shall give notice of an election to be held in such 
towns or town and towns and village for the purpose of voting 
upon such question, which shall be submitted to be voted upon 
in the form of a resolution embodying the question to be submitted 
and the amount of money proposed to be raised for such purpose 
upon which the electors shall vote aj'e or nay, and such resolution 
shall be adopted if a majority of the total vote in the entire joint 
free Mgh school district be in favor thereof. Before issuing no- 
tice of such election the town clerks of the several towns and vil- 
lages if any, included in such school district, shall meet and 
determine on a time for holding such election, which shall be 
held in each town and village upon the same day, and within ten 
days after such election shall have been bad the clerks of the sev- 
eral towns and villages included in such district shall meet and 
canvass the returns of such election and annrji^nce the result there- 
of and make a written report thereon and fil-' the same with the 
clerks of the several towns and villages includod in such school 



204 SCHOOL LAWS OF WlSCONSlTST. 

district. • Suchi election shall be noticed and conducted and the 
votes counted in the several towns as at town meetings and in a 
village, if any, as at village elections. (1905 c. 351) 

Town free high school may join with local school district in erect- 
ing building. Section 496p-l. In all cases buildings may be erect- 
ed by agreement for school purposes by a town high school and a 
common school district. Section 496p-l. In all cases where the 
electors of a town, or the electors of a town and an incorporated 
village, or of a town and a city shall vote to establish a town 
free high school as provided by law, it shall be lawful for the elec- 
tors of the town free high school district and the electors of any 
ordinary school district, joint or entire, to direct and authorize 
their respective school boards or boards of education to enter 
into an agreement binding upon the districts interested, where^ 
by a building in which the town free high school and the district 
school or schools may be housed, may be erected and maintained 
jointly by the town free high schoool district and the other district 
interested. (Chapter 498, 1909.) 

Same in case of union free high schools. Section 49 6p — 2. It 
shall be lawful for the electors of any union free high school dis- 
trict and the electors of any ordinary school district included 
within the union free high school district, to direct and authorize 
their respective school boards or boards of education to enter into 
an agreement binding upon the districts interested whereby a 
building in which the free high school and the district school or 
schools may be housed, may be erected and maintained jointly 
by ,the union free high school district and the other district In- 
terested. (1011 c. 294) 



UNION FREE HIGH SCHOOLg. 205 



UNION FREE HKIH SCHOOLS. 



Estjiblishment. Section 495 — 1. With the advice and consent 
of the state superintendent a free high school to be known as a 
union free high school may be established and maintained in any 
town, or in any tract of contiguous territory with an area of not 
less than thirty-six square miles, such territory to be bounded 
by town, school district, section, or half-section lines or by lines 
bounding in part an existing free high school district, or in cases 
where imj)assible streams, lakes or swamps render it impracticable 
to follow town, school district, section, or half-section lines or lines 
bounding in part an existing free high school district such natural 
boundaries may be substituted. 

No such union free high school district shall be established, or 
maintained unless at least twenty-five persons of school age resi- 
dent of such tract of territory give evidence, through examination 
or otherwise, satisfactory to the state superintendent, that they are 
prepared to begin a high school course. (IDll c. 33DJ 

Territory all in one town. Section 495 — 2. In case the tract 
of territory is entirely included in one town and said tract does 
not include within its boundaries an incorporated village, it is here- 
by made the duty of the town board of that town to submit the 
question of establishing such union free high school to the voters 
of such tract upon filing with the chairman of said town board a 
petition praying for such submission for election. Said petition 
shall describe the boundaries of the proposed union free high school 
district and shall be signed by at least one-fifth of the persons resi- 
dent therein and qualified to vote at any school district meeting. 
The chairman shall within ten days after the receipt of the petition 
notify the clerk of his town, and the clerk shall cause at once ten 
days' notice of such election to be given by posting at least six 
copies thereof in at least six different public places in such tract 
of territory, or by publishing such notice in any newspaper pub- 
lished therein once each week for two weeks immediately prior to 
the time set for holding the election. The election shall be con- 



206 SCHOOL LAWS OF WISCONSIN. 

ducted and the vote canvassed according to the statutes for con- 
ducting town meetings. (1909 c. 493) 

Territory in two or more towns. Section 495 — 3. In case the 
said tract of territory shall lie in two or more towns and contains 
no incorporated village, such petition may be presented to the 
chairman of any one of the town boards of supervisors of such 
towns, and this chairman shall, within five days of the receipt of 
said petition, notify thes other chairman or chairmen as the case may 
be, of the receipt of the petition and shall set a date for a meeting 
of all the chairmen of the towns interested for the purpose of fixing 
a time and place for holding such union free high school election; 
and it shall be the official duty of said chairman to meet on said 
date and fix upon the time and place for holding such election. 
If any chairman is unable to attend he shall delegate one of the 
other supervisors of his board to attend upon this meeting to act in 
his place. The election shall be noticed and conducted for the 
entire tract of territory which is to be included in the proposed 
union free high school district by the town board of the town in 
which the election is held and in the manner provided for above in 
the case where all the territory is included in one town. (1909 c. 
498) 

Incorporated village and outside territory. Section 495 — 4. In 
case the tract of territory which it is proposed to form into a union 
free high school district shall contain an incorporated village the 
petition may be presented to any town chairman as designated 
above, or to the president of the village. It shall then be the duty 
of the official to whom the petition is presented to notify each chair- 
man (or the village president) of the receipt of such petition and 
to fix a time and place for a meeting of said officers for the pur- 
pose of fixing a day for holding the election. The election for the 
village shall be held in the village on the same day the election for 
the territory lying outside is held and the election for the territory 
lying outside the village and which it is proposed to include in the 
union free high school district may be held in the village or at 
any other convenient place agreed upon and designated in the notice. 
The election for the village shall be noticed and conducted and the 
votes canvassed in the manner provided by statute for conducting 
village elections and the election for that territory lying outside the 
village limits and which it is proposed to include in the union free 
high school district shall be noticed and conducted and the votes 
canvassed in the manner provided by statute for noticing and con- 
ducting town elections. If this outlying territory comprises parts 
of two or more towns, the supervisors at the meeting referred to 



UNION FREE HIGH SCHOOLS. 207 

above shall designate the town the officers of which shall notice, 
control and direct such election. (1909 c. 493) 

Vote to be taken by ballot. Section 495 — 5. In all cases the 
vote shall be by ballot, those ballots in favor being written or 
printed "for the union free high school," those opposed "against 
the union free high school," and the question shall not be adopted 
unless a majority of the electors voting in that part of the territory 
outside of the village and a majority of the electors voting in the 
village shall be in favor thereof. (1909 c. 493) 

K«sult; how certified. Section 495 — 6. The result shall be cer- 
tified at once by the election officers to the clerk of each town and 
the village concerned and if the question be adopted, the result 
shall also be certified to the state superintendent by the clerk of 
each municipality interested, such certificate' to be filed with the 
state superintendent within six days after the election, and such 
tract of territory shall upon approval of the state superintendent 
constitute a union free high school district. (1909 c. 493) 

Effect on high school district if there is one. Section 49 5 — 7. 
If an existing free high school district is included in the tract or 
territory embraced in the proposed union free high school district, 
the formation of the union free high school district and the estab- 
lishment of a high school according to the provisions of this act 
shall annul the organization of the e'xisting free high school dis- 
trict. (1909 C.493) 

Officers; election. Section 495 — 8. The officers of such high 
school district shall be a director, treasurer, and clerk, who shall 
have the same authority, be charged with the same duties and be 
under the same liabilities as like officers of other free high school 
districts. The term of each shall be three years, beginning with the 
annual union free high school district meeting held on the third 
Monday in March, and each officer elected shall continue in office 
until his successor shall have been chosen; provided that at the 
first election the clerk shall be chosen for one year, the treasurer for 
two years, and the director for three years, and all of said officers 
may be chosen at the same election at which the question of estab- 
lishing a union free high school is submitted. In such cases a 
separate ballot box shall be provided for the election of officers, and 
a plurality of the votes cast shall be sufficient to elect. In case an 
incorporated village shall be included in the proposed union free 
high school district the officers of the election in the outside terri- 
tory shall meet at once after the polls are closed, in the office of the 
village clerk and the votes for said officers in the outside territory 



208 SCHOOL LAWS OF WISCONSIN. 



1 



and in the village shall be counted as a joint vote, and a plurality 
of the votes cast shall be sufficient to elect. 

The time until the first annual meeting shall be counted as the 
first year in determining the term of office. Thereafter officers shall 
be elected annually in place of those whose terms expire at the' an- 
nual meeting of such union free high. school district. (1909 c. 493) 

Annual meeting. Section 49 5 — 9. The annual union free high 
school district meeting for the election of officers and the transac- 
tion of other business shall be held on the third Monday in March, 
unless that be a legal holiday, in which case it shall be held the 
next day. 

The election of district officers shall be held in some convenient 
room in the union free high school building, if there be such build- 
ing, and if not, then in some other convenient room determined 
upon by the board and specified in the notice. If the notice does 
not so specify it shall be understood that the building in which the 
last annual meeting was held shall be the building designated. 

The election of officers shall be by ballot and suitable ballot boxes 
shall be provided therefor. The polls shall be opened at one o'clock 
ii: the afternoon of the day fixed by law for holding the annual 
free high school district meeting and shall be closed at seven o'clock 
of the same day. The time of opening and closing the polls, as 
well as the place of holding the election, shall be specified in the 
notice of such election or meeting, but a failure to so specify the 
time of opening and closing the polls and designating the place 
where the annual meeting or election is to be held and conducted 
shall not vitiate such election. 

Immediately after the polls are closed and the ballots counted, the 
electors shall organize for the purpose of conducting the regular 
and usual business, other than the election of officers, necessary for 
carrying on and maintaining the union free high school. As soon 
as the meeting is regularly organized, the result of the election of 
officers shall be declared. 

The officers conducting the election shall consist of the union 
free high school district clerk and two other persons selected by 
the school district board. If an incorporated village is comprised in 
the district one officer shall be selected from the village and one 
from the territory lying outside of the village and included in the' 
union free high school district. The inspectors and clerks of this 
election shall make and keep a list of all the electors, meoi and 
women, voting at the election. 

The amount of compensation paid to the inspectors or clerks of 
election shall be such sum as may be agreed upon by the district 
board, not to exceed two dollars for each inspector engaged and 



UNION FREE HIGH SCHOOLS. 209 

acting in conducting this election, said compensation to be paid 
from any funds in the treasury of the school district not otherwise 
appropriated. (IVIl c. 339j 

Board meeting; when held. Section 495 — 10. It shall be the 
duty of the district board to meet on the Saturday immediately 
preceding the annual meeting, carefully examine the accounts of 
the treasurer and make up a full and itemized report of all receipts 
and expenditures since the last annual meeting, of the amount in 
the hands of the treasurer or the amount of the deficit, if any, for 
which the district is liable, of the amount necessary to be raised 
by taxes for the support of the school for the ensuing year, and of 
the amount required to pay the interest or principal of any debt 
due or to become due during the year; Avhich report shall be sub- 
mitted in writing at the annual meeting and recorded by the clerk 
at length with the action thereon in the proceedings of the meeting. 
(J'Kl'J c.J,D3) 1 -15 In 

Notice of annual meeting. Section 49 5 — 11. The clerk shall 
give at least six days' previous notice of the annual meetings by 
posting notices therefor in six or more public places in the district, 
one of which shall be affixed to the outer door of the union free 
high school building, if there be one in the district, and he shall 
give like notice for any adjourned meeting if the adjournment be 
for more than one month; but no annual meeting shall be deemed 
illegal for want of due notice, unless it shall appear that the omis- 
sion to give such notice was wilful and fraudulent. (1909 c. 493) 

Special meetings; how called. Section 495 — 12. Special meet- 
ings shall be called by the clerk or in his absence by the director 
or treasurer on the written request of twenty legal voters of the 
district, and notices thereof specifying- particularly the business 
tc be transacted shall be posted in the manner prescribed for calling 
the annual meeting; and the electors when lawfully assembled at a 
special meeting shall have power to transact the same business as at 
the first or annual meeting except the election of officers. But no 
more than one such special meeting to consider the same subject 
shall be held in the district in the same school year. No tax or loan 
or debt shall be voted at a special meeting unless three-fourths of 
the legal voters shall have been notified either personally or by 
written notice left at their places of residence, stating the time, 
place and objects of the meeting, and specifying the amount pro- 
posed to be voted at least six days before the time appointed there* 
for, exclusive of the day on w^hich the meeting is to be held. (1909 
c. m) 

14— S. L. 



210 SCHOOL LAWS OP WISCONSIN. 

Who may vote. Section 495 — 13. Every resident elector of tlie 
district shall be entitled to vote in any annual meeting, provided 
such elector has resided therein for at least thirty days next pre- 
ceding any meeting. (1909 c. 49S) 

lilectors; power of. Section 495 — 14. The inhabitants of any 
school district qualified by law to vote at a high school district 
meeting when assembled at the first and each annual meeting in 
their district or at any adjournment thereof, shall have power: 

(1) To appoint a chairman for the time being, and in absence 
of the clerk to appoint some person to act in his stead, and the per- 
son so appointed shall certify the proceedings of such -meeting to 
the district clerk, who shall enter the same in the records of the 
district and file and preserve the certificate of such temporary 
clerk. 

(2) To adjourn from time to time as occasion may require. 

(3) To vote such tax as the meeting shall deem sufficient to 
purchase or lease a suitable site for a schoolhouse, to build, hire, 
or purchase a schoolhouse and to keep in repair and furnish the 
same with necessary furniture and ventilating and heating appara- 
tus, and to provide' for the equipment and maintenance of the 
union free high school. 

(4) To authorize and direct the sale of any union free high 
school house, site or other property belonging to the union free high 
school district when the same shall be no longer needed for use 
in the district. 

(5) To impose such a tax as may be necessary to discharge any 
debts or liabilities of the district lawfully incurred. 

(6) To authorize the union free high school district board to 
borrow money as provided in the statutes. 

(7) To authorize the union free high school district board to 
purchase text-books for use in such high school, to be loaned or 
furnished pupils under such conditions as, by such vote and regula- 
tions of the board thereunder, may be prescribed, 

(8) To determine the length of time a union free high school 
shall be taught in said union free high school district the then ensu- 
ing year, which time shall not be less than nine months. (1909 c. 

Vacancies in board; how filled. Section 49 5 — 15. Vhe board 
may fill by appointment any vacancy that may occur in their num- 
ber within ten days after such vacancy shall occur; and if such 
vacancy shall not be so filled, the town or village clerk of the town 
or village in which the union free high school house is situated 
shall fill such vacancy by appointment. Any person upon being 



UNION FREE HIGH SCHOOLS. 211 

notified of his appointment shall be deemed to have accepted the 
same unless within five days thereafter he shall file with the clerk 
or director a written refusal to serve, and any person so appointed 
shall hold office until the next annual meeting, at which the electors 
shall fill such vacancy for the' unexpired term. (WOU c. 493) 

Failure to vote tax; how levied. Section 495 — 16. If any 

union free high school district at its annual or at any subsequent 
special meeting prior to the third Monday of November following, 
shall not vote a tax sufficient to maintain a union free high school 
for the term of nine months during the current year, the board, on 
or before the next Wednesday following said third Monday in 
November shall determine the sum necessary to be raised to main- 
tain such school, and the clerk shall forthwith certify to the town 
or village clerks the amount so assessed who shall assess the same 
as other district taxes are assessed. (1909 c. ^93) 

Incorporation of »village or city not to aflfect district organization. 

Section 495 — 17. The incorporation of a part of the territory of a 
union free high school district organized under the provisions of 
this act, as a village or city shall not affect the organization of such 
union free high school district. (1909 c. 1^93) 

Taxes; how collected. Section 495 — 18. All taxes provided for 
in this act shall be levied and collected as in the case of single or 
joint common school districts of the state. (1909 c. 493) 

Section 49 5 — 19. All acts and parts of acts relating to town free 
high schools not conflicting with the preceding sections shall be in 
force and effect and shall apply to union free high schools estab- 
lished under this act, and the provisions relating to state aid to 
town free high schools shall be applicable to all union free high 
schools established under this act. (1909 c. 493) 

JNote — See 49 6, p. 2, on joint ownership of school buildings. 



212 SCHOOL LAWS OF WISCONSIN. 



STATE GRADED SCHOOLS. 



Districts which may receive special state aid for maintaining 
graded schools. Section 496d. The school board of any school 
district, maintaining a graded school but no free high school nor a 
school of a grade equivalent to a free high school, town free high 
schools excepted, nlay receive special state aid as hereinafter pro- 
vided upon full compliance with the following conditions. 

Classes. 1. There shall be two classes of state graded schools in 
Wisconsin, known respectively as first class and second class; all 
state graded schools of three or more departments shall be in the 
first class, and all graded schools of two departments shall be in the 
second class. 

Average daily attendance; length of school year. 2. Schools 
shall be maintained in the district receiving such aid, at least nine 
school months, including legal holidays, in each and every depart- 
ment. At least three departments in schools of the first class and 
both departments in schools of the second class shall have an aver- 
age daily attendance of not less than fifteen pupils for the entire 
school year, to entitle the school to state aid. 

Qualitications of teachers. Section 49 6d. All persons employed 
in both classes of graded schools applying for state aid shall be 
competent teachers and shall be qualified as follows: The principal 
of a state graded school of the first class shall hold some form of a 
state license or state certificate. In each school of this class one 
assistant may hold a third grade certificate, or a certificate of a 
higher grade, provided such assistant, if holding a third grade cer-- 
tificate shall have had at least one year's successful experience as a 
teacher in the public schools of Wisconsin; one assistant may hold 
a second grade certificate, or a certificate of a higher grade, and all 
other assistants shall hold first grade certificates, state licenses or 
state certificates. The principal of a state graded school of the sec- 
ond class shall hold a first grade county certificate, and shall have 
had not less than one year of successive experience as a teacher in 



STATE GRADED SCHOOLS. 213 

a public school, or a second grade certificate and shall have had not 
loss than two j'ears of successful experience as a teacher in a public 
school, or some form of a state certificate, provided that the testi- 
monial of successful experience herein required shall be issued by 
the county superintendent of schools of the county in which the 
certificate is in force, and a copy of such testimonial shall be filed 
with the clerk of the state graded school; and the assistant shall 
hold a third grade certificate, or a certificate of a higher grade, pro- 
vided such assistant, if holding a third grade certificate, shall also 
have had one year's successful experience as a teacher in the public 
schools of Wisconsin. The word "principal" is hereby interpreted 
as meaning the teacher of the highest grade or grades in the schools 
who shall have immediate supervision of all the grades; the word 
"assistant" is hereby interpreted as meaning each and every teacher 
in the state graded school other than the principal. (1911 c. JfJfD) 

Coiulition of biiiklins and gromids. 4. The schoolhouse or 
schoolhouses, the outhouses, and the grounds, the furniture, and 
equipment shall be maintained in good condition and kept free 
from any unsanitary feature. 

Equipment. 5. Sufficient equipment, including globes, maps, 
blackboards, library, and other essentials for the proper work of 
the school shall be provided by the school district. 

Inspection of school; application for state aid. 6. When the 
school board of any school district desires to secure state aid for 
its graded school, said school board shall make written application 
for the same to the state superintendent. No graded school 
shall be entitled to be placed upon the list of state graded schools 
and to receive special state aid until said school shall have been 
duly inspected by the state superintendent, or some member of 
his staff, and found to be fully complying with all the conditions 
of this act. 

Application; when made. 7. In order that any graded school 
may receive special state aid as herein provided, application shall 
be made to the state superintendent by the school board before 
the first day of September preceding the school year for which 
said special state aid is requested. flDOn c. 289) 

Under this chapter teachers who hold second grade certificates 
and who have had at least two years' successful experience may 
be legally engaged as principals of state graded schools of the 
second class. A teacher who holds a first grade certificate must 
have had at least one year's successful experience. The word 
"year" now means at least eight months. Previous to this seven 
months constituted a lawful school year. The testimonial of 
successful experience must be certified to by the county super- 
intendent and a copy filed with the clerk of the district subject 
to examination by the state graded school inspector. 



214 SCHOOL LAWS OF WISCONSIN. 

State graded schools; state aid; amount of. Section 49 6e. 1. 
Any school district which shall have maintained a graded school 
of the first class in accordance with the provisions of this act 
shall be entitled to receive from the general fund of the state, an- 
nually, the sum of three hundred dollars. Any school district 
which shall have maintained a graded school of the second class in 
accordance with the provisions of this act shall he entitled to re^ 
ceive from the general fund of the state, annually, the sum of two 
hundred dollars. 

Application. 2. To obtain such state aid the school board shall, 
on or before the first day of August of each year succeeding the 
school year in which the application is made, report to the state 
superintendent, under their oaths, that such state graded school 
has complied with all the provisions of this act. Thereupon the 
said state superintendent shall fix the amount to be paid such dis- 
trict, and certify the same to the secretary of state, the secre- 
tary of state shall then draw his warrants upon the state treas- 
urer for the several claims of the school districts. 

State tax levy. 3. The secretary of state shall annually include 
and apportion in the state tax such sums as shall have been certi- 
fied by the state superintendent under the provisions of this act. 

Payment. 4. Upon receipt of the annual state taxes said state 
treasurer shall pay to the school district treasurers, the several 
amounts called for by such warrants. 

Refuse aid. 5. The state superintendent is hereby empowered 
to refuse state aid to any school district which in his judgment has 
failed to comply with the provisions of this act. 

Limit. 6. The whole amount annually paid under the provisions 
of this act shall not exceed one hundred and twenty thousand dol- 
lars, and if more be demanded by the state graded schools, it 
shall be paid proportionally. Any unexpended balance shall revert 
to the general fund. (1901 c. 375) 

Districts maintaining state graded schools of the second class 
may receive hereafter two hundred dollars annually instead of 
one hundred dollars as heretofore. It is intended that this ad- 
ditional sum shall aid school districts to secure better teachers, 
better school room and school ground conveniences, better build- 
ings and better heating, ventilating and lighting. It is not in- 
tended solely to relieve the district from any burden of taxation 
for ordinary school purposes. See comments under section 436. 

Inspectors. Section 496f. The state' superintendent is hereby 
authorized to appoint two persons of suitable qualifications to as- 
sist him in inspecting and supervising the state graded and fre? 



STATE GRADED SCHOOLS. 215 

high schools, and to aid him in giving information and needed 
assistance to localities in organizing such schools. Such persons 
shall be known as state school inspectors, and shall each receive 
an annual salary of eighteen hundred dollars, and reimbursement 
for all actual and necessary traveling expenses incurred, when duly 
certified to by the state superintendent; said salary and expenses 
to be paid monthly from the general fund, and to be deducted 
from the annual appropriation provided for in this act, before the 
apportionment is made to the state graded schools. Said state 
school inspectors, when not engaged in the specific duties enumerat- 
ed herein, may be assigned for such other duties as the state 
superintendent may determine and designate. (1901 c. 375) 

Course of study; reports. Section 49 6g. The state superintend- 
ent shall prepare a course of study suitable to be pursued in grad- 
ed schools, publish the same, and furnish to school boards upon 
application. This course of study shall be followed by all state 
graded schools, as one condition of securing special state aid. Said 
state superintendent shall furnish suitable blanks for annual and 
special reports for all such state graded schools, which report shall 
call for such information as he may deem necessary. The refusal 
or neglect of the school board or any of its officers to file these 
reports with the state superintendent when called for, shall be 
deemed sufficient ground for refusing special state aid, as provided 
for in this act. (1907 c. 375.J 

Number limited; incorporated cities excluded. Section 49 6h. 
No more than one such graded school in any village, or school dis- 
trict or sub-district, shall receive state aid as herein provided, nor 
shall any graded school in any incorporated city participate in said 
state aid. (1907 c. S75.) 

Appropriation. Section 496i. There is hereby appropriated out 
of any moneys in the general fund of the state not otherwise ap- 
propriated, a sufficient sum of money to meet the provisions of this 
act. (1907 c. 375.) 

A district having a school of but one department, with a large 
attendance may, under this law, find it decidedly advantageous to 
organize an additional department, properly grade the school, and 
by so doing become entitled to special aid from the state, to the 
amount of S200 or §300 per annum, as the case may be. Applica- 
tions for place upon the graded school list should be made before 
the first day of September, in any year. The following directions 
and suggestions are given for the consideration of school boards 
of districts interested in securing special aid under this chapter. 

1. Write to the state superintendent for a special application 
blank. 

2. When the blank is received, call a meeting of the school 
board in accordance with law, make a motion to apply for state 



216 • SCHOOL LAWS OF WISCONSIN. 



aid, record this naotion and the vote upon it as a part of the 
minutes of the meeting, then fill out the application which must 
be signed by at least a majority of the members of the board, 
and return it to the state superintendent. 

If it is proposed to organize an additional department to your 
school for the coming year, you should plan to recommend the 
levying of a tax sufficient to meet such charges as may be neces- 
sary, to the electors at your annual school district meeting to be 
held the first Monday in July. Provision must also be made for 
nine months of school during the year. 

The application for the state aid, properly signed, must be in 
the hands of the state superintendent before September 1 of any 
year. 

In the employment of teachers, the board must see that each 
teacher holds an unexpired certificate of a grade demanded for 
the department of which each teacher is to take cTiarge. 



TRANSPORTATION OF PUPILS. 

Special state aid for transportation. Section 496q. Whenever 
the electors of any rural school district maintaining a one or two 
departm,ent rural school, or the electors of any town maintaining 
its schools under the township system of school government shall 
direct the school board or the town board of school directors, to 
close the district, or any subdistrict school, and provide transporta^ 
tion and tuition for all persons of school age, who may desire to 
attend school, at a district maintaining a one or two department 
rural school, or a state graded school, or the grades below the free 
high school in a free high school district, each such rural school diS' 
trict' or subdistrict shall receive special state aid in the sum of 
one hundred fifty dollars annually upon complying with the follow- 
ing conditions: 

( 1 ) Transportation and tuition shall be provided for at least 
thirty-two weeks including legal holidays for all persons of school 
age desiring to attend school during the school year. 

(2) The average daily attendance of the pupils transported un- 
der the provisions of this act from any district or subdistrict to 
the school in any rural school district, or to a state graded school, 
or to the grades in a district maintaining a free high school shall 
be at least eighty per cent of the entire number enrolled for trans- 
portation to such school during each term of school. 

(3) The district board or town board of school directors shall 
in all cases where the school is closed and transportation is pro- 
vided by a team, enter into a written contract in the name of the 
district with one or more persons whereby it is agreed that such 
person or persons are to safely and carefully carry or provide for 
carrying the children to and from the school or schools in the dis- 
trict where provision has been made for their schooling. 



TRANSrORTATIOX OF PUPILS. 217 

(4) The driver of each transportation wagon shall be of good 
moral character, trustworthy and responsible; shall furnish a safe 
team and a suitable and comfortable bus or wagon well supplied 
for protections against stormy and inclement weather; such driver 
shall have control of and be responsible for the good order and 
behavior of the children while in the conveyance going to and re- 
turning from school, and shall prohibit the use' of profane or un- 
seemly language upon the part of the pupils, and shall report all 
cases of insubordination while on the wagon to the parents and to 
the school board of the district. Be it also understood that in 
cases where it is practicable conveyance by interurban, steam rail^ 
way or automobile shall be equivalent for transportation or convey- 
ance by a team. 

(5) No state aid under the provisions of this act shall be paid 
to any district providing transportation and tuition for its pupils at 
a district maintaining a rural school of one or more departments, 
unless the school in the district where such non-resident children 
attend shall be a first-class rural school as defined in chapter 600, 
laws of 19 7, and acts amendatory thereof, and it is further prO' 
vided that in case tlie district and subdistrict entering into a con- 
tract for the schooling of non-resident pupils, according to the pro- 
visions of this act, and shall fail to maintain a first-class rural 
school as provided in chapter 600, laws of 1907, then such school 
districts shall forfeit their rights to collect tuition from the dis- 
trict where such non-resident children reside for such school year 
or part of a school year that the school in such school district shall 
not have been maintained as a first-class rural school. 

(6) The school board of each district or the town board of 
school directors of any town containing a subdistrict taking advan- 
tage of this act shall make annually, on or before the first day of 
August, a special report under oath to the state superintendent of 
public instruction showing that the above conditions have been 
complied with, and this report shall give the names and ages of the 
persons transported, the number of days each such person was 
transported and attended school, the rate of tuition paid and the 
amount of tuition paid for each person. 

(7) It shall be the duty of the county superintendent of schools 
in any county where a rural school takes advantage of the provi- 
sions of this act, and provides transportation and tuition for persons 
of school age at a rural school, to report annually to the state su- 
perintendent upon the blanks furnished by him, such information 
as he may request for the purpose of ascertaining if the rural school 
in such district during the year for which aid is demanded was 
maintained as a first-class rural school, according to the pro- 
visions of chapter 600, laws of 1907. 



iilS SCHOOL LAWS OF WISCONSIN. 

(b) Upon the' receipt of such sworn statement of the school 
board or town board of school directors, and in case of the at- 
tendance of pupils at a rural school of a satisfactory report from 
the county superintendent of schools, it shall be the duty of the 
state superintendent to certify to the secretary of state the amount 
due each such school district under the provisions of this act. It 
shall then become the duty of the secretary of state to draw his 
warrant for the amount certified in favor of the treasurer of each 
such school district. 

(9) In case of a disagreement concerning the standard of work 
done in any rural school, the decision of the state supexintendent 
shall be final, and he shall have power either in person or through 
inspectors of schools, to investigate the quality of work done and 
equipmer-t offered in any of the schools accepting non-resident 
pupils under the provisions of this act. 

Notices. fc-;ction 496r. The school district board shall embody 
in the notices of every annual or special meeting at which any or 
ail of the provisious of this act are to be considered, a statement 
to the effect that the electors will be called upon to vote upon such 
questions; said notices to be posted as provided in sections 426 
and 427 of the statutes; provided, however, that failure to include 
such statements in the notices posted for the annual school dis- 
trict meeting shall not prevent the electors from considering and 
voting upon such questions. 

Approipriation. Section 49 6s. To carry out the provisions of 
this act there is hereby appropriated annually out of the moneys 
assessed and collected under the provisions of chapter 313, laws 
of 1903, amending section 1072a of the statutes of 1898 a sum 
suflicient to meet all the approved claims coming under the pro- 
visions of this act. (1911 c. 61S) 

State and coiinty moneys. Section 49 6t. Each district taking 
advantage of this act, shall receive the same apportionment of the 
state and other taxes as provided by law, as would have been re- 
ceived had the school been maintained in the district. 

APPEALS. 

Appeals to state superintendent. Section 497. Any person con- 
ceiving himself aggrieved by any decision made by any school 
district meeting or by any town board in forming or altering or in 
refusing to form or alter any school district, or by any other thing 
done by any officer or board under the provisions of this chapter, 
may appeal to the state superintendent. Such appeals shall be 



APPEAL^. 219 

taken and heard in the manner prescribed by him and he shall 
ma,ke and file his decision within thirty days after the hearing 
thereof is closed. The decision appealed from shall be operative 
until the same shall be reversed; and no decision on appeal to said 
superintendent made by him after the lapse of thirty days from the 
time the hearing thereof is closed shall be effectual. 

Section 49 7a. No review of the decisions of the state superin- 
tendent on matters decided by him shall be had unless proceedings 
of certiorari or other appropriate action be brought within thirty 
days after such determination by him, or in cases heretofore decid- 
ed by him, within, thirty days after this act takes effect. (1901 c. 

m) 

The purpose of the comments in the preceding pages has been 
to make plain the application of the statutes to the management 
of the affairs of school districts. It should be borne in mind that 
the state superintendent can render no decision on controverted 
matters, without giving to all persons interested an opportunity 
to be heard. An opinion based on ex parte statements is valid 
only in so far as these statements represent fully and fairly the 
facts in the case. 

The law commits the formation and alteration of school dis- 
tricts and tlie management of public schools to the local boards 
and communities in which they are situated. A multitude of 
facts, pertinent to a wise direction and control of school-district 
affairs, are known by, or are easily accessible to the local authori- 
ties, which are obtainable, if at all, only with very great diflBculty 
by a distant tribunal. Where the local boards and communities 
are guided by a single purpose to subserve the public good, it will 
seldom be found necessary to take the appeal for which the sec- 
tion provides. It often happens, however, that the best interests 
of schools are sacrificed to local feeling or to personal interests. 
Persons aggrieved by such action may appeal to the state super- 
intendent, but in doing so the following rules must be observed: 

RULES EESPECTIXG APPEALS. 

1. An appeal must be in writing, addressed to the state super- 
intendent, and signed by the appellant, but no particular form of 
statement is necessary. 

2. The appeal should be as brief as is consistent with a com- 
plete statement of the case. It should set forth the action or pro- 
ceedings appealed from, and the reasons why such action should 
be set aside. If the appeal is founded upon the refusal of the 
supervisors to act, the reasons why the action asked for should 
have been taken by such supervisors, must be clearly shown. If 
the appeal relates to the formation or alteration of a district, a 
map or plat of the district or districts affected by the order from 
which the appeal is taken, showing the boundaries, location of the 
schoolhouses and the situation of the marshes, rivers and bridges 
of the territory in question should be presented with and made a 
part of the appeal. A statement showing the assessed valuation 
of the district or districts, or of the several parts of a district 
divided, and the number of children over four and under twenty 
years of age residing in eacn, should accompany the map, and 
form a part of the papers in the case. When the papers are 
completed, tney should be fastened together, numbered or lettered 



220 SCHOOL LAWS OP WISCONSIN. 



for reference, and an affidavit attached, setting forth that the 
statements therein made are true, and that the map, list of chil- 
dren, and valuation of property are correct. The affidavit may -be 
in form as follows: 

A. B., being duly sworn, deposes and says that the statements 
made in the above appeal, all and several, are true, according to 
the best of his knowledge and belief, and further that the accom- 
panying map, list of children, and valuation of property are cor- 
rect.* 

(Signed) , 

Appellant. 

Sworn to and subscribed to before me this day of , 

19—. 

C. D., 
Justice of the Peace (or Notary Public). 

3. A complete and correct copy of the appeal and affidavit, and 
all accompanying papers should be made, to which another affi- 
davit should be attached, stating that they are correct copies of 
the papers in the case. 

The form of the affidavit may be as follows: 

A. B., being duly sworn, deposes and says that the above is a 
full and correct copy of an appeal, and all accompanying papers, 
designed to be sent to the state superintendent. 

(Signed) • . 

Subscribed and sworn to before me this day of , 19 — . 

C. D., 
.Justice of the Peace (or Notary Public). 

This affidavit should be made upon the copy only — not upon the 
the original appeal that is to be sent to the state superintendent. 
The copy should then be served upon the party from whose action 
the appeal is taken, either by handing it to him, or leaving it at 
his residence. If the appeal is from the action of the supervisors, 
the chairman of the board is a suitable party upon whom to serve 
the copy; if from the proceedings of a district meeting, upon the 
clerk or chairman of the meeting. It should not be served, how- 
ever, upon an individual who did not sustain the action appealed 
from as in that case no answer is likely to be made. 

The person serving the copy of appeal should carry with him 
the original appeal, so that the party from whose action the ap- 
peal is taken may, if willing, admit service of a true copy, by the 
following form indorsed upon the original appeal: 

I, E. P., do hereby admit service of the above (or within) ap- 
peal. 

(Signed) . 

In case no such admission of service be made, the appellant 
will append to his appeal an affidavit of the following form: 

A. B., being duly sworn, deposes and says that upon the 

day of , 19 — , he did serve a true and verified copy of this ap- 
peal, and all accompanying papers, upon E. P., by handing the 
same to said E. F. (or by leaving it at his residence as the case 
may be). 

(Signed) . 

Sworn to and subscribed before me this day of 19 — . 

C. D., 
Justice of the Peace (or Notary Public). 



* In other matters than formation or alteration of districts, the lat- 
ter part of the affidavit after the word "belief," may be omitted, or 
any needed change may be made. 



APPEALS. 221 



When several persons unite in making an appeal, the affidavits 
may be so changed as to admit the names of all the appellants, 
and each should sign the appeal and subscribe to each and every 
affidavit. When the action appealed from is the action of several 
persons, it is sufficient to serve a copy of the appeal upon any 
one of the number, but it should always be served upon one not 
agreeing with the appellants, that an answer may be made. 

When all the above directions are complied with, the original 
papers are ready to be forwarded to the state superintendent. 

4. An appeal should be taken within thirty days from the per- 
formance of the act appealed from, or within thirty days after 
the action complained of has come to the knowledge of the appel- 
lant, 

TIIK AXSWKR. 

1. The appellee has fifteen days in which to prepare his answer, 
and all the directions above given in reference to the preparation 
and service of a copy of the appeal papers, should be complied 
with in preparing and serving. the answer upon the appellant, be- 
fore it is forwarded to the state superintendent. The forms of 
affidavit given above will answer in all cases for forms to be used 
by the appellee, by changing the words so that the affidavit shall 
refer to an "answer to an appeal," instead of to an appeal, and by 
signing it as appellee instead of appellant. 

2. The answer to an appeal may be served upon any one of a 
number of appellants. When the town board of supervisors is a 
party, and papers have been served upon the chairman, if he is 
in favor of the party appealing, one of the other supervisors 
should make answer. 

3. In case of neglect of the proper appellees to answer an appeal, 
any perscn having an interest in the matter may make answer to 
it, being governed in all cases by the same rules as would govern 
appellee. 

REl'I.ICATIO.X OK RK.IOI.NDICI?. 

A replication or rejoinder will be allowed, upon proof that new 
facts have come to the knowledge of the party wishing the re- 
joinder since the appeal or answer was submitted to the state 
superintendent, or that there are material errors in the statement 
of the other party. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other parties, 
these statements should be verified by the affidavit of the person 
making the same. 

All decisions on appeal must be filed or recorded as the state 
superintendent shall direct. 

No decision can be rendered on ex parte statements. No papers 
will be considered that are not properly verified, and properly 
served on opposing parties. 

The propriety of leaving out of appeals all matters of a purely 
personal character, except as they may have a direct bearing upon 
the subject, is obvious. 

As appeals are usually decided upon written and not upon oral 
evidence, it is not necessary or proper for either party to appear 
in person, expecting to be heard in tire case, without the presence 
of the other party. 



222 SCHOOL LAWS OF WISCONSIN. 

Particular care should be taken to follow the directions in re- 
gard to affidavits, serving copy, etc., so that it may not be neces- 
sary to send papers back for correction. 

Not only must every paper presented in a case, by either party, 
be verified by affidavit, and a copy be served on the other side, 
but in making the copy, care must be taken to copy every affi- 
davit as well as the statement which it verifies. If this is not 
done, the party upon whom such copy is served has no evidence 
that the original was sworn to. 

If the appeal is not taken or the answer or rejoinder made 
within the prescribed time, the reasons for the delay must be 
given. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superintendent 
of schools may make appeal to the state superintendent, accord- 
ing to section 452, using the following form: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from your 
refusal to grant me a certificate, and I hereby ask. you for your 
reasons for such a refusal, that I may present the same to the 
state superintendent with my appeal. 

Respectfully yours, . 

The refusal is ordinarily for alleged want of learning. In this 
case the appellant will usually appear before the state superin- 
tendent for re-examination. He should not come, however, with- 
out previous notice; but after notice to the county superintend- 
ent, as above, and on obtaining the statement of reasons for re- 
fusal, he should forward the same to the state superintendent, 
notifying him of his desire for a re-examination, that a time may 
be fixed which may be convenient to both parties. 

If the appellant and county superintendent mutually agree that 
the appeal shall be decided on the papers on which a certificate 
was refused, a re-examination may not be necessary. 

If the refusal is for alleged want of ability to teach, or for al- 
leged immorality, the appeal will be decided on the evidence sub- 
mitted in writing by the parties. The papers should be made out 
and verified, and copies served, as provided under the Rules for 
Appeals. 

In case a teacher's certificate is annulled, he also has a right 
of appeal. For this purpose the following form may be used: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from your 
action in annulling my certificate, and I hereby ask for your 
reasons for such action, that I may present the same to the state 
superintendent, with my appeal. 

Respectfully yours, . 

' The directions given above, in regard to an appeal from a re- 
fusal to grant a certificate are to be followed, as far as applicable, 
in an appeal from the action of a superintendent in annulling a 
certificate. 



MISCELLANEOUS LAWS— PENATiTIES. 223 



PENALTIES. 

Clerk's liabUity. Section 498. Every district clerk who shall 
wilfully neglect to make the annual report for his district as re- 
quired by law shall be liable to pay the whole amount of money 
lost by such district in consequence of his neglect, which shall 
be recovered in an action in the name of and for the use of the 
district. 

Liability of town clerk. Section 499. Every town clerk who 
shall neglect or refuse to make and deliver to the county super- 
intendent his annual report as required in this chapter within the 
time limited therefor shall be liable on his official bond to pay 
the town the amount which such town or any school district there- 
in shall lose by such neglect or refusal, with interest thereon. 

Liability of county superintendent. Every county superintend- 
ent who shall neglect or refuse to make the report required of 
him by this chapter to the state superintendent shall be liable 
to pay to each town the amount which such town or any school 
district therein shall lose by such neglect or refusal, with interest 
thereon, to be recovered in either case in an action prosecuted by 
the town treasurer in the name of the town. All money collected 
or received by any town treasurer under the provisions of this 
section shall be apportioned and distributed to the school districts 
entitled thereto in the same manner that the money lost by any 
such neglect or refusal would have been apportioned and distrib- 
uted. 

Neglect of duty. Section 500. Every taxable inhabitant re- 
ceiving the notice mentioned in sections 413 and 415, and every 
chairman of the first district meeting in any district who shall 
wilfully neglect or refuse to perform the duties enjoined upon him 
by this chapter, shall respectively forfeit the sum of five dollars. 
Every person duly elected to the office of director, treasurer or 
clerk of any school district who shall neglect or refuse without 
sufficient cause to accept such office and serve therein, or who 
having entered upon the duties of his office, shall neglect or refuse 
to perform any duty required of him by the provisions of this 
chapter, shall forfeit the sum of ten dollars; and every school 
district officer who shall neglect or refuse to deliver to his suc- 
cessor in office all records, books and papers appertaining to such 
office shall forfeit not exceeding fifty dollars. 

Who not to deal in school books, etc. Section 501. Neither 
the state superintendent, his assistant, nor any person in his of- 



224 SCHOOL LAWS OF WISCONSIN. 

fice, nor any county superintendent nor school district officer, nor 
any officer or teacher connected with any public school shall act 
as agent or solicitor for the sale of any school books, maps, charts, 
school library books, school furniture, apparatus or stationery, or 
furnish any assistance to or receive any reward therefor from 
any author, publisher, bookseller or dealer doing the same. Every 
person violating this section shall forfeit not less than fifty nor 
more than two hundred dollars for each offense and be liable to 
removal from office therefor. 

Drawing unavithorized order. Section 5 02. Every 'district 
clerk who shall draw an order upon the treasurer for any purpose 
not authorized by law, and every director who shall countersign 
such order shall forfeit for each such order not less than twenty 
nor more than one hundred dollars. 

Refusal to enforce decision. Section 5 04. In case the town 
board or any other officer shall neglect or refuse to carry into ef- 
fect any decision of the state superintendent made upon an appeal 
from their or his action or refusal to act, each supervisor or other 
officer refusing or neglecting shall forfeit the sum of fifty dollars; 
and every town clerk who shall so neglect or refuse shall also be 
liable to removal by the town board upon proper notice thereof. 

Recovery of forfeitures. Section 505. All actions for the re- 
covery of any forfeiture incurred under the provisions of this 
chapter shall be prosecuted by the director of the school district 
interested, except when such director has incurred a forfeiture, 
in which case such action shall be prosecuted by the treasurer of 
such district; and in case either shall refuse or neglect to prose- 
cute he shall forfeit twenty dollars. All forfeitures recovered 
shall be first applied to the necessary expenses of such prosecu- 
tions, and one-half of the remainder shall be paid into the district 
treasury for the use of the district and the other half to the coun- 
ty treasurer for the benefit of the school fund. 

By voter. Section 5 06. Whenever any person or officer desig- 
nated in this chapter to prosecute an action for a forfeiture or 
for a neglect of duty shall fail to prosecute such action for the 
space of ten days after being requested in writing by a vote of 
the proper district so to do, any voter may prosecute such action 
for the recovery of such forfeiture or for any neglect of duty in 
the manner herein prescribed. 

Removal of officers. Section 507. Any school district officer 
may be removed from office by the county judge for wilful neglect 
of any duty upoja the written application of the majority of thp 



MISCELLANEOUS LAWS— DICTIONARIES. 225 

legal voters of his district or of any person aggrieved by such 
neglect, containing a full statement of all the charges preferred 
against him. A copy thereof, with a notice of the time and place 
when and where a hearing upon the' same will be had, shall be 
served upon such officer at least ten days before such hearing. 
Such officer shall have full opportunity to be heard in his defense; 
and the judge, upon satisfactory proof of such neglect of duty, 
may by order remove such officer from his office, and in case of re- 
moval shall forthwith file such order in the office of the town clerk 
and cause a copy thereof to be served upon each of the other offi' 
cers of the district. The person so removed from office shall not 
be appointed to fill the vacancy occasioned by such removal; and 
tor all services performed by the county judge under the provisions of 
this section he shall rtceive three dollars for each day actually em- 
ployed, to be paid by tne county. 

Dictionaries. Section 509. The state superintendent may fur^ 
nish to any school district, or to any school or distinct department 
thereof, one copy of Webster's International Dictionary on the re- 
ceipt of an affidavit of the proper officer that such school or de- 
partment for which application is made has not yet been suppli- 
ed, or that the dictionary furnished thereto has been lost or is un- 
fit for use, and on payment in advance of the cost price to said su- 
perintendent for any so to be replaced; and the state' superintend- 
ent may sell, at the cost price, to any of the charitable, education- 
al, reformatory or penal institutions of the state, on written requi- 
sition being made by the superintendent of the institution, as 
many copies of such dictionary, not exceeding the number of 
school or educational departments in the respective institutions, 
as may be necessary; he may also furnish each county superin- 
tendent, each teacher employed in the normal schools or univer- 
sity, each state officer and member of the legislature and their 
employees with one copy thereof at the cost price of the same to 
the state. The superintendent may purchase from time to time, 
at a cost not exceeding seven dollars per copy delivered at his 
office, a sufficient number of copies of such dictionary to furnish 
such schools, the expense thereof to be paid out of the state treas- 
ury. 

Every school district or department not already once supplied 
with a dictionary free is entitled to one. If the district has a 
graded school it is entitled to one copy for each distinct depart- 
ment. Applications for dictionaries must be made by district 
clerks, city superintendents of schools, or by the secretary of the 
town board of directors. Webster's International Dictionary is 
now furnished by the state at a cost of $7.00. The indexed edi- 
tion only will be furnished hereafter for first supply or for re- 
supply. When the application is for re-supply, the cost of the 
15 — S. L. 



226 SCHOOL LAWS OF WISCONSIN. 

volume must accompany the application. Those who apply should 
be careful to givp the express office to which the volume must he 
sent. Printed forms of application for first supply, additional 
supply, or re-supply for common district schools, or graded schools, 
will be mailed by the State Superintendent to school officers upon 
request. 

When writing for application blanks, state the kind wanted. 
There is but one kind furnished In all cases where the applica- 
tion is for first supply, and where the application is for first sup- 
ply, the writer should state whether or not the school is a school 
of but one department, or a graded school, and whether or not 
such school is under the township system of school government. 
In order that the proper blanks may be sent. A suitable place 
to keep the dictionary should be provided by the board. Children 
should not be allowed to play with the dictionary. 

Fart of library. Section 510. All such dictionaries heretofore 
or hereafter received by the several districts shall belong to the 
district library, but during the time a school is taught they shall 
be and remain in the school rooms during the hours of school, 
for the exclusive use of the scholars and teachers, and under the 
control of the teachers or principals, who shall be responsible to 
the districts for their loss or for any unnecessary damage they 
may receive. 

Payment of money. Section 511. The state superintendent 
shall pay to the state treasurer all money received on account of 
dictionaries sold as aforesaid, and render an account of all dic- 
tionaries sold in his report to the governor. 

Residents, who are; county's liability. Section 512. Every 
person of lawful school age maintained as a public charge shall, 
for school purposes, be deemed a resident of the district in which 
he lives; for every person so maintained by the county the county 
board shall for each year allow to the district in which such per- 
son may attend school an amount for each person so at- 
tending equal to the amount expended in that year for each 
pupil in such district for school purposes; and in case such 
person be maintained by any town, such town board shall allow 
a like amount to such district. Such account shall be reckoned 
by the district officers without reference to the number of pauper 
children attending such school. 

Women may be officers. Section 513. Women of the age of 
twenty-one or more years who reside and for one year next prior 
to their election or appointment have resided in any school dis- 
trict, town, city, or county, are eligible by election or appointment 
to the offices of director, treasurer and clerk of such district, 
director and secretary of the town school board; of the town 
school board of such town if under the township system, member 



MISCELLANEOUS LAWS— POWERS OF BOARDS. 227 

of the school board or board of education of such city, town in- 
spector of schools of such town, and county superintendent of such 
county. (1911 c. 536) 

There is no such office as "town inspector of schools." 

Po\vei'.s of boards; application of chapter to cities and villages. 

Section 515. Every such board or other body aforesaid shall have 
all the powers and be charged with all the duties imposed by these 
statutes on school district boards so far as the same are not pro- 
vided for or limited by the special provisions of the act of incor- 
poration or other act under which such board or body is constitut- 
ed. Every city or village not having a system of school govern- 
ment specially provided by law therefor shall be governed by the 
provisions of this chapter. 

Chapter 27, W. S. is referred to by this chapter and 27 W. S. 
is nearly all of the school code 1. 

Free public lectures. Section 5153. The board of school di- 
rectors of any school district or the board of education of any 
city is authorized and empowered to provide for employment of 
competent persons to deliver lectures on the natural sciences, 
on historical, literary, or other educational subjects, in the pub- 
lic school buildings, in public library buildings or in other suita- 
ble places of said district or city, and to particularly provide for 
the further education of the adult persons of such community. 
(1911 c. 49S) 

Purchase of books, charts, etc. Section 515b. The said board 
of education shall have power to purchase the books, stationery, 
charts and other things necessary and expedient to successfully 
conduct said lectures which it shall have power to direct. (1905 c. 
125) 

Admission free. Section 515c. No admission fee shall be 
charged and at least one school building or public library building 
shall be designated by said board of education for the purpose 
of carrying out the provisions of this act; and said lectures shall 
be delivered in such school or library building between the first 
day of October and the 31st day of March in each year, which lec- 
tures shall be advertised in a newspaper published in said city 
at least one week in advance of the delivery thereof. 

Appropriation to be made. Section 515d. The board of educa- 
tion is hereby authorized, previous to the first day of September 
in each year, to meet and provide the necessary appropriation 
for the purpose of carrying out the provisions of this act. (1905 c. 
125) 

• « * 



228 SCHOOL LAWS OF WISCONSIN. 



CHAPTER 388, LAAAS OF 1911. 

AN ACT — To repeal sections 516 to 553, inclusive and to create 
section 516 of the statutes, relating to the' township system of 
school government. 

The people of the State of Wisconsin, represented in Senate 
and Assembly, do enact as follows: 

Township system abolished. Section 1. Sections 516 to 553, 
inclusive, of the statutes, are repealed. 

Board of supervisors to meet; notices. Section 2. There is 
added to the statutes a new section to be designated and to read: 
Section 516. 1. Whenever the township system shall be abolish- 
ed in any town, the town board of supervisors of said town shall 
meet for the purpose of creating and forming suitable independ- 
ent districts. Such meeting shall be held between the first day 
of March and the first day of June, 1912. Due notice giving time 
and place (day and hour) of such meeting shall be given in 
writing to each school officer in the town, and a copy thereof 
shall be posted in at least four public places in each subdistrict, 
and another copy affixed to the outer door of each schoolhouse' 
in the tOAvn, not less than ten, nor more than fifteen days pre- 
vious to the day of meeting fixed in the notice. If one or more 
weekly newspapers are published in the town, publication of the 
notice in such paper or papers, for at least two consecutive weeks 
immediately preceding the meeting shall answer in place of ser- 
vice and posting of notices. 

Creation of independent districts. 2. The supervisors shall grant 
a public hearing and Avhen the hearing is closed they shall at 
once proceed to create one or more suitable independent districts 
making the order to take effect on Saturday, June 22, 1912, and 
the date for the first district meeting shall be the first Monday 
in July at seven o'clock in the afternoon. When assembled at such 
meeting the electors shall have power to elect a clerk for one year, 
a treasurer for two years and a director for three years, and to 
transact any and all other business provided for by section 430 
of the statute's. If a town operating under the township system is 
indebted to the state or to any individual, firm or corporation, the 
supervisors shall determine' the amount of such indebtedness due 
from each new district and certify such amount to the clerk of the 
new district and file their determination in the office of the' town 
clerk. It shall be' the duty of the town clerk to send at once a cer- 
tified statement of the indebtedness as apportioned to the different 



TOWNSHIP SYSTEM ABOLISHED. 229 

districts, to the individual, firm or corporation, or the secretary 
of state, as the case may be, and it shall also be the duty of the 
town clerk to place in the tax roll annually, the amount of prin- 
cipal and interest to be collected from each district to meet its 
ol)lif;ati()ns. 

Joint suhdistricts, 3. In cases where there are joint subdistricts 
between two or more towns, one or both under the township sys- 
tem, the boundaries of such subdistrict shall not be affected by 
the order made to go into effect June 22, 1912. But it shall 
be organized as other independent districts, and shall constitute 
an independent joint district, the boundaries of which may be 
changed later by the proper authorities under the statutes pro- 
viding therefor. The order creating and designating a district 
shall, if practicable, use the number of the subdistrict abolished 
and the notice to the taxable inhabitant shall be given by the 
supervisors of the town in which the schoolhouse' is located, 
and if there be more than one schoolhouse, by the supervisors 
of the town in which the oldest schoolhouse is located. 

Area of school district; school i>opulation. 4. It is further pro- 
vided that the supervisors are not limited in determining the 
area of any school district formed under this act, but no school 
district shall be formed that does not at the time of its formation 
have residing within its boundaries at least fifteen persons of 
school age. Be it also understood that the electors of any school 
district shall have full power, at any annual or special district 
meeting, to select as many schoolhouse sites and to direct the 
school board to erect as many school buildings in different parts 
of the district as may be needed to accommodate the school popu- 
lation, or to provide transportation for any or all children, or 
children only residing more than one and one-half miles from the 
school. 

Section 3. — This act shall take effect and be in force from and 
after March 1, 1912. 

School buildings; plans and specifications for. Section 5241. 
1. It shall be the duty of the state superintendent of public in- 
struction to procure architects' plans and specifications for not 
to exceed four room school buildings, and full detail working 
plans therefor. Said plans and specifications shall be loaned to 
any district desiring to erect a new school building. 

I'lans to be approved by county superintendent. 2. Where the 
plans and specifications prepared by the state superintendent are 
not used, in order that the health, sight and comfort of pupils 



230 SCHOOL LAWS OF WIsOONSlM. 

may be properly protected, all school boards of districts in wnich 
new sctioolhouses of not to exceed four rooms are to be erected 
shall make suitable provision for the heating, lighting and ven- 
tilating, and hygienic conditions of such buildings, and all plans 
and specifications for any such proposed schcQl building shall 
be submitted to and approved by the county superintendent of 
schools in whose jurisdiction the district is located, before thd 
same shall be accepted by the school district board of the dis- 
trict in which it is proposed to erect such building.. 

Appropriation. 3. Five hundred dollars is appropriated from 
the general fund, for the use of the state superintendent in pro- 
curing the plans and specifications provided in section one of 
this act. (1901 c. 425.) 

Condemnation of school buildings. Section 524m— 1. The in- 
spector of rural schools, the inspectors of state graded schools, 
and the inspector of high schools of the state, in addition to their 
other duties are hereby made inspectors of public school build- 
ings. Said inspectors shall act under the direction of the state 
superintendent, and under such regulations as may be established 
by him. (1909 c 5.50) 

Complaint; by whom made. Section 524m — 2. Whenever any 
county or district superintendent, city superintendent, member 
of a school board or board of education, or any voter of a school 
district, or a member of a board of health, shall make a complaint 
in writing to the state superintendent that any building used for 
or in connection with any public school in his county, district, city, 
village, or town, as the case may be, is in an unsanitary condition, 
or that the conditions are such as to endanger the life and health 
of the children attending school, or that the schoolhouse is unfit 
for school purposes one of said inspectors designated by the state 
superintendent shall personally investigate and examine the prem- 
ises and buildings concerning which said complaint is made. (1909 
c. 550) 

Inspector to make an order. Section 524m — 3. Upon such in- 
vestigation and examination, said inspector shall, if conditions 
warrant it, make an order directing the school board, the board of 
education, the town board of school directors, or other officer or 
officers having control of the school district or school corporation, 
to repair and improve such building or buildings as may be neces- 
sary, and to place said buildings in a safe and sanitary condition; 
or if the said inspector shall deem the schoolhouse unfit for school 
purposes and not worth repairing he shall state said fact and 
recite the reason therefor. (1909 c. 550) 



CONDEMNATION OF BUlLDlNaS. 231 

Order to be filed. Section 524111 — 4. The said inspector shall 
file said order in the state superintendent's office, and cause true 
copies thereof to be delivered, by mail or otherwise, to the clerk 
of the district board, the secretary of the town board of school 
directors, the clerk of the board of education of the district or 
school corporation where such schoolhouse and premises are lo- 
cated, and shall deliver as provided herein copies of said order 
to the proper county, district or city superintendent, and also the 
clerk of the town, city, or village in which the schoolhouse is 
located. (WOO c. 550) 

Appeal from decision of inspector. Section 524m — 5. The said 
order shall state the time in which it shall be complied with, and 
shall take effect from its date, and shall continue in force and 
full effect until reversed. The decision of the inspector may be 
appealed from to the state superintendent in the time and manner 
now provided for taking appeals to said superintendent, and the 
decision appealed from shall be stayed pending such appeal. (1909 
c 550) 

Forfeiture. Section 524m — 6. Whenever any school district, 
school corporation, school board, board of education, or town 
board of school directors shall refuse to comply with the order 
of said inspector within the time therein specified, such school 
district or school corporation shall forfeit absolutely its apportion- 
ment of the fund derived from the seven-tenths mill tax, provided 
for in section 1072a of the statutes, and amendments thereto, 
and shall continue to so forfeit its regular apportionment of such 
fund until there is full compliance with the requirements of said 
order. (1909 c. 550) 

Act construed. Section 524m — 7. Nothing in this act shall be 
deemed to interfere with the operation of the provisions of subsec- 
tion 3 of section 461 of the statutes, relating to the duties of 
county superintendents of schools, or with the provisions of sec- 
tion 1418b of the statutes, relating to the inspection and regula- 
tion of the sanitary conditions of schoolhouses by boards of health. 
(1909 c. 550) 

Physical education. Section 553a. 1. "Physical education" as 
used herein is defined as instruction in the theory and practice in 
the art of physical exercise and instruction in hygiene. 

City school boards must provide for physical education. 2*. 

School boards, or boards of education in school districts, embrac- 
ing in whole or in part an incorporated city, shall make provision 
for the training of all pupils under their jurisdiction in physical 



232 SCHOOL LAWS OF WISCONSll^. 

education. The school boards in other school districts, separately 
or jointly, may make the same provision. 

In normal schools. 3. The board of regents of the state normal 
schools shall provide and shall require a definite and thorough 
course in the theory and art of physical education, and instruction 
in games and playground management, to be taught in every state 
normal school. Examination in this branch shall be required of 
all candidates for a normal school diploma and normal school cer- 
tificate, the same as in other branches of study of the normal 
school course of study. 

In county training schools. 4. The county training school board 
of each and every county training school for teachers now or here- 
after to be organized in this state shall require a course of instruc- 
tion in physical education and instruction in games and playground 
management to be taught in every county training school. 

Investment of school funds. Section 5 53b. The board of edu- 
cation or school board of any city having the care or custody of 
school funds or management of the finances of the public schools 
therein may, by a vote of a majority of all of its members elect, 
in lieu of designating banking depositories or any other disposi- 
tion provided for the care or keeping of such funds, invest the 
same or such portion thereof as it may deem expedient in the 
registered bonds of the United States at their market value. 
Whenever such board shall decide to make any such investment 
the treasurer of such board shall be directed to purchase such 
bonds with such funds and register and keep the same under such 
regulations as such board may prescribe. Whenever such bonds 
have been purchased such board may direct its treasurer to sell 
the same or any part thereof for cash at their market value, from 
time to time for current expenses, as said board shall deem ex- 
pedient. 



COUNTY SCHOOLS OF AGRICULTURE. 233 



COUNTY SCHOOLS OF AGRICULTURE AND 
DOMESTIC SCIENCE. ' 



How oj-gaiiized. Section 553c. 1. The county board of any 
county is hereby authorized to appropriate money for the organiza- 
tion, equipment and maintenance of a county school of agriculture 
and domestic economy. The county boards of two or more coun- 
ties may unite in establishing such a school and may appropriate 
money for its organization, equipment, and maintenance. 

2. Immediately after the county board or county boards shall 
vote to establish a county school of agriculture and domestic 
economy, the county clerk or clerks of such county or counties, 
shall notify the dean of the college of agriculture of such vote for 
the establishment of such school. 

3. The dean of the college of agriculture, the state superintend- 
ent of public instruction, and the president of the board of agricul- 
ture, acting as a committee for such purpose, shall decide upon 
and notify the county board or boards as to the proper location 
for such county school of agriculture and domestic economy and 
the county school of agriculture and domestic economy shall be 
located at such place as is determined upon by such committee. 
(1909 c. 313) 

4. The county board or boards of any county or counties so es- 
tablishing such school is hereby authorized and empov^^ered to 
borrow money, issue and sell bonds for the purpose of procuring 
and paying for the necessary grounds and erecting the necessary 
buildings, and for improving the same from time to time, for such 
county schools of agriculture and domestic economy. (1911 c. Jt29) 

Board; duties of. Section 553d. A board to be known as the 
county school board is hereby created, which shall have charge and 
control of all matters pertaining to the organization, equipment 
and maintenance of such school, except as otherwise provided by 
law. Said board shall consist of three members, one of whom 
shall be the county superintendent of schools of the county or 
district in which the school is located. The other members of the 
board shall be elected by the county board for the term of three 



234 SCHOOL LAWS OF WISCONSIN. 

years from the date of their election, but no member of the county 
board shall be eligible. (1901 c. 2S8) 

Vacancies; how filled. Vacancies e'xisting in the board from 
whatever cause, except in the case of the county superintendent, 
shall be filled by appointment made by the chairman of the county 
board, if the county board is not in session when such vacancy oc- 
curs. If the county board is in session, vacancies shall be filled by 
election by said board for the unexpired term. Appointments made 
by the chairman of the county board, as hereinbefore specified, 
shall be for the term to elapse until the next regular meeting of 
the county board. 

Bond and oath. Each person appointed or created a member of 
the county school board, shall within ten days after the notice of 
such appointment, take and subscribe an oath, to support the 
constitution of the United States and the constitution of Wisconsin 
and honestly, faithfully, and impartially to discharge his duties as 
a member of said board, to the best of his ability, which oath 
shall be filed in the office of the county clerk. He shall also, 
within the same time, file a bond in such sum as may be fixed by 
the county board, which bond shall be filed in the oflSce of the 
county clerk. 

Organization of hoard. Within fifteen days after the appointment 
of said board, the members thereof shall meet and organize by 
electing one of their number as president. The county superin- 
tendent of schools shall be ex-officio secretary of the said board. 
The said board shall prescribe the duties of the several olficers, 
except as fixed by law. 

Joint agricultural school. Section 5 5 3e. Whenever two or more 
counties unite in establishing such a school, the provisions of sec- 
tion 2 of this act shall apply to the organization of the county 
school board, and to filling vacancies therein, provided that the 
county superintendent of the county in which the school is located 
shall be a member of the board and ex-officio its secretary, and two 
members shall also be elected from each county by the county 
board thereof. But no member of the county board shall be 
eligible. (1901 c. 288) 

Apportionment and maintenance. Section 553f. Whenever two 
or more counties unite in establishing and maintaining such school, 
the county school board provided for in such cases shall deter- 
mine the amount of money necessary for the equipment and main- 
tenance of the school for the second year, and annually each year 
thereafter; they shall apportion the amount to be raised by tax- 



COUNTY SCHOOLS OF AGRICULTURE. 235 

ation among the counties in proportion to the assessed valuation 
of each county, as last fixed by the state board of assessment, and 
shall report to the county clerk of each county the apportionment 
sc made on or before the first Monday of November in each year. 
The amount so apportioned to each county shall be levied in the 
county tax for the ensuing year for the support of the school. 
(1901 C.288) 

County treasurer to be treasurer of the board. Section 553g. 
The county treasurer shall be ex-officio treasurer of said board; 
all moneys appropriated and expended under the provisions of 
this act, shall be expended by the county school board, and shall 
be paid by the county treasurer or treasurers on orders issued 
by said board, and all moneys received by said board shall be 
paid to the county treasurer for the fund of the county school 
board. (1901 c. 2SS) 

Course of study. Section 553h. In all county schools of agri- 
culture and domestic economy organized under the provisions of 
this act, instruction shall be given in the elements of agriculture, 
including instruction concerning the soil, the plant life, and the 
animal life of the farm; a system of farm accounts shall also be 
taught; instruction shall also be given in manual training and 
domestic economy, and such other subjects as may be prescribed. 

Suitable land. Section 5 53i. Each such school shall have con- 
nected with it a tract of land suitable for purposes of experiment 
and demonstration, and not less than three acres in area. (1901 
c. 2S8) 

Instruction for adults. Section 553 j. The schools organized 
under the provisions of this act shall be free to inhabitants of the 
county or counties contributing to their support, who shall be 
qualified to pursue the course of study, provided they shall have 
at least the qualifications required for completion of the course of 
study for common schools. Whenever students of advanced age 
desire admission to the school during the winter months in suffi- 
cient number to warrant the organization of special classes for 
their instruction, such classes shall be organized and continued for 
such time as their attendance may make necessary. (1901 c. 2S8) 

State superintendent to supervise. Section 553k. The state 
superintendent shall give such information and assistance and es- 
tablish such requirements as may seem necessary for the proper 
organization and maintenance of such schools. With the advice 
ol the dean of the college of agriculture of the state university, 
he shall prescribe the courses of study to be pursued, and deter- 



236 , SCHOOL LAWS OF WISCONSIN. 

mine the qualifications required of teachers employed in such schools. 
He shall have the general supervision of all schools established 
under this act; shall from time to time inspect the same, make such 
recommendations relating to their management as he may deem 
necessary, and make such report thereon as shall give full informa- 
tion concerning their number, character and efficiency. (1901 c. 28S) 

Section 553 1. 1. Any school established under the provisions of 
this act, whose course of study and qualifications of whose teachers 
have been approved by the state superintendent and the dean of the 
college of agriculture may, upon application, be placed upon an 
approved list of county schools of agriculture and domestic economy. 
A school once entered upon such list may remain listed and be 
entitled to state aid so long as the scope and character of its work 
are maintained in such manner as to meet the approval of the state 
superintendent; provided, that he shall not place upon said list more 
than ten schools. 

2. On the first day of July in each year the secretary of each 
county school board maintaining a school on the approved list, shall 
report to the state superintendent, setting forth the facts relating 
to the cost of maintaining the school, the character of the work 
done, the number and names of teachers employed and such other 
natters as may be required by the county board or the state super- 
intendent. Upon the receipt of such report, if it shall appear that 
the school has been maintained in a satisfactory manner for a period 
of not less than eight months, during the year closing on the thir- 
tieth day of the preceding June, the said superintendent shall make 
a certificate to that effect and file it with the secretary of state. 

State aid. Section 55 3 1. 3. Upon receiving such certificate, the 
secretary of state shall draw his warrant, payable to the treasurer 
of the county maintaining such school, for a sum equal to two-thirds 
the amount actually expended for maintaining such school during the 
year; provided that the total amounts so apportioned shall not ex- 
ceed six thousand dollars to any one school in any one year when the 
average daily attendance shall be less than one hundred and twelve 
pupils, and shall not exceed the sum of seven thousand dollars when 
the average daily attendance shall exceed one hundred and twelve 
pupils and be less than one hundred and thirty-seven pupils, and 
shall not exceed the sum of eight thousand dollars when the average 
daily attendance shall exceed one hundred and thirty-seven pupils; 
Vv-hen more than one county has contributed to the support of the 
school, the secretary of state shall draw his warrant payable to the 
treasurer of each county for such portion of the state aid as the 
amount contributed by his county is part of the total amount con- 
tributed by all the counties for the support of the school for the 



TEXTBOOKS— COUNTY UNIFORMITY. 237 

preceding year. The secretary of state shall annually include and 
apportion in the state tax such sum as shall have been so paid. (1911 
c. G'i(>) 

Textbooks; county unifonnity of. Section 553m — 1. When- 
ever at any annual county school board convention provided for in 
subsection 9 of section 461, the question of adopting county or dis- 
trict uniform school textbooks shall be voted upon, the vote shall 
be taken by school districts and each school district shall be en- 
titled to one vote. 

I'^lectioii of a county board of education. If a majority of all the 
districts in the county or superintendent district is in favor of adopt- 
ing county or district uniform school textbooks, it shall be the duty 
of said school board convention to immediately proceed to the elec- 
tion of a county board of education for such county or superintendent 
district, which board shall be composed of five persons, except as 
hereinafter provided. And said school board convention shall, at a 
regular annual meeting, every four years thereafter elect five persons 
who shall constitute said county board of education. School officers 
residing in school districts not affected by the provisions of this 
act shall not be entitled to vote on the question of uniformity of text- 
books nor be entitled to participate in the election of the members 
of the county board of education. (1907 c. 561) 

Board of three persons. Section 5 5 3m — 2. Whenever it shall 
be impracticable in any county to elect said board because of a lim- 
ited number of persons in such county, possessing the qualifications 
of this act provided, the county school board convention shall elect 
three persons who shall constitute said board of education. (1901 c. 
5('l) 

Term of office. Section 5 5 3m — 3. The members of the county 
board of education so elected shall hold their offices for four years 
and until their successors are elected and qualified. (1907 c. 5(11) 

X'acancies. Section 553m — 4. The county school board con- 
vention shall fill all vacancies occurring in said board of education, 
excepting vacancies occurring between the annual meetings of said 
school board convention which shall be temporarily filled by said 
county board of education. (1907 c. 561) 

Member of boaid must be a teacher. Section 553m — 5. 1. No 
person shall be appointed to said county board of education who is 
not a legally qualified teacher and has not had at least five years' 
experience in teaching or in the supervision of public schools. 



238 SCHOOL LAWS OF WISCONSIN. 

Who not eligible. 2. Nor shall any person be appointed to servo 
upon said board who is a dealer in textbooks or is an agent of, or 
directly or indirectly interested in, any person, firm or corporation 
engaged in the publishing or furnishing of school textbooks, or who 
shall be directly or indirectly interested in any book or series of 
books as the author, associate author or in any manner whatsoever; 
and if any person shall become so interested during his term of 
ofllce as member of said board of education, his oflace shall, ipso 
facto, become vacant, and be filled as provided for other vacancies. 

Penalty. 3. Any such person who shall violate any of the provi- 
sions of this section while holding the office of member or said county 
board of education shall be deemed guilty of a misdemeanor and 
upon conviction thereof be fined not less than one hundred dollars, 
nor more than five hundred dollars, or by imprisonment in the county 
jail of said county not less than sixty days nor more than one year, 
or by both such fine and imprisonment. (1901 c. 561) 

Members to take oath. Section 553m — 6. Each member of said 
county board of education shall, before entering upon the duties 
of his office, take and subscribe to the constitutional oath of office 
to faithfully, impartially and honestly perform and discharge the 
duties of his office; and shall in addition thereto swear that he is 
not directly or indirectly interested in or related to any publishing 
house, person, firm or corporation, engaged in publishing or fur- 
nishing school textbooks, or any of their agents, and that he is not 
interested directly or indirectly in any book or series of books as 
the author, associate author, or otherwise; which oath shall be filed 
with the county clerk of each county, (1901 c. 561) 

Organization. Section 553m — 7. The members of said board of 
education shall within ten days after their appointment meet at the 
county seat and organize by electing one of their number president, 
and one secretary, and a majority of the board shall constitute a 
quorum for the transaction of business, except that in the selection 
or adoption of textbooks it shall require a majority vote of all the 
members of the board to adopt or change any textbook. (1901 c. 
561) 

President. Section 553m — 8. The president and secretary so 
elected shall act as president and secretary at the meetings of the 
said board, and said board shall adopt such rules and regulations 
as may be necessary to the transaction of its business, not contrary 
to the provisions of this act. (1901 c. 561) 

JDuties of president and secretary. Section 553m — 9. It shall 
be the duty of the president and secretary and they are hereby au- 



TEXTBOOKS— COUNTY UNIFORMITY 239 

thorized, to sign all contracts on behalf of said board, and it shall 
be the duty of the secretary to keep a full and complete record of all 
proceedings of said board of education in a book kept for that pur- 
pose, which book shall be deemed a public record and be kept in the 
office of the county superintendent of schools. (1907 c. 561) 

Annual meetings. Section 553m — 10. Said county board of 
education shall hold an annual meeting at the county seat on the 
first Saturday in May, for the purpose of organization and the trans- 
acting of any business that may lawfully come before it, and they 
shall meet at such other times as may be deemed necessary by the 
majority of the board, and it shall be the duty of the president of 
said board to call a meeting at any time, upon the written request of 
three members or a majority of the board. (1007 c. 561) 

Book adoption. Section 553m — 11. Every county board of edu- 
cation shall between the first day of January and the first day of July, 
next following the date of their appointment, and every fourth year 
after the first adoption of textbooks, meet at the county seat and 
select and adopt a uniform series of textbooks for their respective 
counties. (1907 c. 561) 

Where books to be used. Section 553m — 12. The books so se- 
lected shall be used in all school districts of the county except in 
districts and cities maintaining a free high school and in state graded 
schools of the first class, and shall include all branches provided by 
law to be taught in the district schools of Wisconsin; and none of 
said textbooks shall contain matter of a partisan or sectarian char- 
acter. (1907 c. 561) 

When introduced. Section 553m — 13. Textbooks so selected 
an(J adopted by county boards of education for use in the schools of 
any county shall be introduced the following September and used 
by each and every district in the county, coming within the pro- 
visions of this act, and shall remain in use until the same shall be 
displaced or replaced by said county board of education; but no 
book selected, adopted and introduced into said schools shall in any 
manner be changed within five years from the' date of adoption. 
(1907 c. 561) 

Selected books to be used. Section 5 53m — 14. In school dis- 
tricts that are now furnishing free textbooks it shall be optional 
with the board of any such district as to whether or not a change of 
the textbooks now in use shall be made; but whenever a change is 
made in such textbooks or new textbooks shall be introduced, only 
such textbooks shall be selected as are prescribed and adopted under 
the proTisJons of this act. (1901 c. 561) 



240 SCHOOL LAWS OF WISCONSIN. 

State graded schools may adopt series. Section 553m — 15. 
Nothing in this act shall prevent state graded schools when they may 
deem it advisable, by a unanimous vote of the school board of any 
graded school from adopting in lieu of the uniform series of text- 
books provided for by the county board of education, the uniform 
series of books regularly adopted for use in the grades of the nearest 
city school system. (1907 c. 561) 

Character of books. Section 553m — 16. The' textbooks selected 
and adopted by said board of education shall be selected after a care« 
ful examination and consideration of all lists or sets of books pre- 
sented, and shall be the best books in the opinion of the board, 
taking into consideration quality of material used, illustrations, 
binding, price, and all other things that go to make up a desirable 
textbook; merit, however, shall be the main point to be considered 
in their selection. A majority vote of all the members of said board 
of education shall be required to adopt, change or re-adopt any and 
all textbooks. (1901 c. 561) 

Construction of act. Section 553m — 17. Nothing contained in 
this act shall be so construed as to prevent school districts coming 
within the provisions of this act, or the county board of education, 
from selecting, introducing and using additional and supplementary 
books at any time when they deem it necessary in order to establish 
and maintain the highest standard of excellence in their schools. 
(1901 c. 561) i : ; ; i 

Supplenientai-y books. Section 553m — 18. Such supplementary 
books shall not be used to the exclusion of the books prescribed and 
adopted under the provisions of this act and full use shall be made 
in good faith of the books adopted under this act. (1901 c. 5^1) 

Notice to ipublishers. Section 553m — 19. Each and every county 
board of education shall at least thirty days before meeting to adopt 
textbooks send notice to textbook publishers and advertise in a 
newspaper of general circvilation of the county a notice to the effect 
that said board will on a day named therein, meet at the county seat 
and select and adopt a uniform series of textbooks for the use of all 
the public district schools of said county, except in districts and cities 
maintaining a free high school and state graded schools of the first 
class, and shall invite proposals for the furnishing of such books, 
giving a list of textbooks to be selected, the publishers to state an 
exchange price, wholesale price and retail price to pupils or school 
districts during the period of their use in said county and such 
further information as said board of education may require. Said 
notice shall also state the time when proposals and samples of books 



TEXTBOOKS— COUNTY UNIFORMITY 241 

must be submitted to them, and such further facts as the said board 
may deem necessary. (1907 c. olilj 

Book firm to furnish samples. Section 5 5 3m- — 20. 1. Any per- 
son, firm or corporation desiring to furnish books under the pro- 
visions of this act in any county shall, at or before the time for 
filing his bid or proposition hereunder, deposit in the office of the 
county superintendent of schools samples of all textbooks included 
in his bid, together with lists giving the lowest exchange price, 
v/holesale price and retail price to pupils or school districts for the 
same. 

Sample books to remain in office of county superintendent. 2. 

Said samples and lists shall remain in the said superintendent's office, 
and shall be delivered by him to his successor in office, and shall be 
kept by him in such safe and convenient manner as to be open at all 
times to the inspection of such school officers, school patrons and 
school teachers as may desire to examine the same and compare them 
with others for the purpose of use in the public schools. (lOOli c. 
561) 

Bond. Section 553m — 21. Said board of education shall re- 
quire any person or persons, firm or corporation with whom they 
contract for furnishing any books to give a good and sufficient bond, 
in such sum and with such conditions and sureties as may be neces- 
sary and reasonable, for the faithful performance of any such con- 
tract. Bonds of surety companies, duly authorized under the laws 
of Wisconsin, shall be accepted. (1907 c. 561) 

Depositories. Section 553m — 22. 1. Said board of education 
shall arrange for such depositories as it may deem necessary for the 
purpose of furnishing to school boards or local dealers the books 
adopted and to be used. 

Depositories to furnish bond. 2. Such depositories shall furnish 
a good and sufficient bond to protect publishers against any possible 
loss that may be sustained. Depositories shall receive books dis- 
placed by the uniform adoption and return same to publishers at 
agreed allowance. Depositories shall accept books on uniform list 
at reasonable price from people who are moving out of the county; 
such books to be resold to pupils in the county at a slight advance 
on cost. (1907 c. 561) 

Joint districts. Section 553m — 23. In all joint school districts 

coming within the meaning of this act, situated in more than one 

county in the state, such joint school district shall, for the purpose 

of this act, be held and deemed to be a school district within the 

16— S. L. 



242 SCHOOL LAWS OF WISCONSIN. 

one of said counties where the schoolhouse is located, and for all 
purposes of this act it shall be under the control and jurisdiction 
of the county board of education of such county in which the school- 
house' is located. (1907 c. 561) 

Act not to apply to high schools, etc. Section 553m — 24. It is 
expressly provided that this act shall not apply to districts and cities 
maintaining a free high school, or state graded schools of the first 
class, or to districts maintaining independent high schools, nor to 
private or parochial schools; but nothing in this act shall be con- 
strued to prevent any of such schools from adopting and buying the 
books adopted by the county board of education at the prices and 
terms fixed by them if they shall elect to do so. (IdOl c. 561) 

Expenses reimbursed. Section 553m — 25. The members of the 

said county board of education shall be reimbursed their actual and 

necessary expenses in the performance of their duties; the same to 

be paid out of the funds of the county not otherwise appropriated. 

(1901 c. 561) 

This law is new to Wisconsin. A county uniformity textbook 
law has however been in .existence in some other states for sev- 
eral years. This is another of the late statutes that demands a 
thorough study on the part of school officers. The question of 
whether or not a county shall adopt a uniform system of text- 
books for certain schools must be decided by the school district 
boards assembled at the regular county school board convention, 
each district (not each district officer) having one vote. The 
vote must be taken by oallot. The ballot snould have written or 
printed thereon "For County Uniformity of Textbooks," "Against 
County Uniformity of Textbooks." If a majority of the districts 
in the county or superintendent district vote in favor of county 
uniformity of textbooks, the members must immediately proceed 
to the election of a county board of education, to be composed of 
five persons, unless there should not be five properly qualified per- 
sons in the county. The board may then be composed of three 
persons. Each of the members of the board of education must 
have had at least five years of experience in teaching or in the 
supervision of public schools. (Eignt months of teaching may for 
the present be construed as equivalent to one year's teaching.) 
The term of office of the members of the board of education is five 
years. Vacancies are to be filled regularly by the school board 
conventions and may be filled temporarily by the county board 
of education. It is the duty of the county board of education to 
select the textbooks for use in the schools. All cities and dis- 
tricts maintaining a free high school and all state graded schools 
of the first class are exempt from the operation of this statute. It 
applies however to the one-room common schools and to the state 
graded schools of the second class. Districts in which the free 
textbook system has been adopted are not required to adopt the 
textbooks adopted by the board of education until some change 
is made in the textbooks adopted for use in that particular dis- 
trict. Whenever any textbook furnished free is changed, how- 
ever, a corresponding book of the uniform series must take ita 
place. The state graded schools of the first class and the grades 



INDUSTRIAL, COMMERCIAL AND EVENING SCHOOLS. 243 

below the high schools are privileged to adopt the uniform series 
provided by me board of education and are also to secure the 
books for the same rates that are paid by the one-department 
schools. When textbooks are once introduced they must not be 
changed within five years from the date of the adoption. Addi- 
tional and supplementary textbooks may be selected by the dis- 
trict boards of the different districts, but the supplementary books 
must not be used to the exclusion of the books adopted by the 
board of education. Suitable and convenient depositories are to 
be provided for the purpose of furnishing the books. The persons 
having charge of the sale of uniform adopted textbooks are to be 
governed strictly by the provisions of the act. It must be remem- 
bered the only schools coming within the scope of this law are 
the one-department country schools, and the two-department state 
graded schools. It does not apply to any work above the eighth, 
grade. 

Industrial, comiuercial, continuatiou and evening schools; Stout 
Institute; board of industrial education. Section 553p^ — 1. 1. 
There is hereby created a state board of industrial education to be 
appointed by the governor. The board shall consist of six appointive 
n.embers, three of whom shall be employers of labor and three of 
whom shall be skilled employees. The state superintendent of edu- 
cation and the dean of the extension department and the dean of the 
college of engineering of the University of Wisconsin shall be ex- 
officio members of this board. 

Term of office. 2. Each appointive member shall hold office for 
two years and shall receive traveling expenses and one hundred 
dollars per year. In the first appointments the governor shall desig- 
nate three members to serve for one year and three members to serve 
for two years from the first day of July of the year in which the 
appointments are made. All appointments thereafter shall be for 
two years except appointments to fill vacancies, which shall be for 
the unexpired portion of the term. 

Powers; duties. 3. Said board: (1) Shall have control over all 
state aid given under this act; (2) Shall meet quarterly and at such 
other times as may be found necessary; (3) Shall report biennially. 
(1911 c. 616) ^ 

Assistant for industrial education; how appointed. Section 
553p — 2. 1. The state superintendent of education shall appoint an 
assistant in the department of public instruction to be known as the 
assistant for industrial education. He shall with the advice, consent 
and direction of the state superintendent of education have general 
supervision over the public industrial schools, and over all public 
evening schools, continuation schools and commercial schools cre- 
ated under this act. The laws relating to agricultural schools and 
the Plattevllle Mining Trade School shall remain unaffected hy this 
act. 



244 SCHOOL LAWS OF WISCONSIN. 

Salary of assistant. 2. The salary of the assistant shall be fixed 
by the state superintendent of education with the approval of the 
state board of industrial education. 

Other assistants may be appointed. 3. The state superintendent 
of education shall have in addition to the assistant for industrial 
education such other assistants as he shall deem necessary for work 
in the same general field. 

Jfositions tilled by civil service. 4. All positions except that of 
assistant for industrial education shall be filled by civil service ex- 
amination, as provided by chapter 363 of the laws of 1905. But the 
total salary list exclusive of the salary of the assistant shall not ex- 
ceed ten thousand dollars for any one year. 

Expenses of assistant. 5. The assistant shall have all necessary 
expenses to attend conventions and make investigations within or 
outside of the state when such expenses shall have been previously 
authorized by the state superintendent of education. (1911 c. 616) 

Towns, villages and cities to maintain schools. Section 5 53p — 3. 
1. In every town or village or city of over five thousand inhabitants 
there shall be, and in towns, cities and villages of less than five thou- 
sand inhabitants there may be a local board of industrial education, 
v/hose duty it shall be to foster and establish and maintain industrial, 
commercial, continuation and evening schools. Said board may take 
over and maintain in the manner provided in this act any existing 
schools of similar nature. 

liocal board; how organized. 2. Such board shall consist of the 
city superintendent of schools ex-officio or the principal of the high 
school ex-Oificio, if there be no city superintendent, or the president 
or chairman of the local board charged with the supervision of the 
schools in case there be neither of the above mentioned officers, and 
four other members, two employers and two employees, who shall be 
appointed by the local board charged with the supervision of the 
schools and who shall serve without pay. 

Members appointed; term of office. 3. The term of the ap- 
pointive members of the local boards of industrial education shall b© 
two years from the first of January of the year in which they are 
appointed; provided, however, that in the first appointment two 
members shall be appointed who are to serve for only one year from 
the first of January of the year in which they are appointed. All 
subsequent appointments shall be for two years, except appointments 
to fill vacancies, which shall be for the unexpired portion of the 
term. 



INDHaTKIAr., COMMERCIAL AN\) EVENING SCHOOLS. 245 

Olli»-ors; how selected. 4. Tht' local board of industrial educa- 
tion shall elect its officers from its membership, a chairman and a 
secretary. The local boards of industrial education, with the co- 
operation of the state board of industrial education, shall have gen- 
eral supervision of the instruction in the local schools created under 
this act. 

State aid; when granted. 5. No state aid shall be granted to 
schools created under this act, without the approval of the local 
board of industrial education. No money appropriated by the city, 
town or village for these schools shall be spent without the approval 
of the local board of industrial education. 

Teachers; qualifications. 6. The teachers in the schools created 
under this act shall be employed and their qualifications determined 
by the local board of industrial education. 

I'owers of hoard. 7. This board shall have power to purchase 
all machinery, tools and supplies, and purchase or lease suitable 
grounds or buildings for the use of the schools under its supervision. 
Existing school buildings and equipment shall be used as far as 
practicable. 

IJoai'd may contract for lectures hy extension division of the 
Liniversity. 8. The board is empowered to make contracts with 
the extension division of the University of Wisconsin to give 
instruction in such branches as the department may offer, when 
in the judgment of the local board such instruction can be secured 
to better advantage than by local provision. 

When hoards shall establish schools. 9. Whenever twenty-five 
persons qualified to attend an industrial, commercial, continuation or 
evening school file a petition therefor with the local board of indus- 
trial education the board shall establish such school or schools or 
provide other facilities as authorized in this act. flDll c. 616) 

Jjocal hoard to report to city council. Section 553p — 4. 1. The 
local board of industrial education of every city, village or town 
shall report to the common council, or village or town clerk at or 
before the first day of September in each year, the amount of money 
required for the next fiscal year for the support of all the schools 
established or to be established under this act in said city, village or 
town, and for the purchase of necessary additions to school sites, 
fixtures and supplies. 

Tax; how levied and collected. 2. There shall be levied and 
collected in every city, village or town, subject to taxation under this 
act, a tax upon all taxable property in said city, village or town, at 



246 SCHOOL LAWS OF WISCONSIN. 

the same time and in the same manner as other taxes are levied and 
collected by law, which together with the other funds provided by 
law and placed at the disposal of said city, village or town for the 
same purpose, shall be equal to the amount of money so required by 
said local board of industrial education for the purposes of this act. 

Rate of tax levied. 3. The rate of tax levied for the purposes of 
this act in any town, village or city shall not in any one year exceed 
one-half mill for the maintenance of all schools created under this 
act. ' ' ' i i I i i^|Wi 

Tax to be in addition to other taxes. 4. The said taxes for 
the purpose named in this section shall be in addition to all other 
special and general taxes levied for town, village or city purposes 
and shall be' for the use and support of schools established under 
this act. 

Money; how cared for. 5. The treasurer of the town, village or 
city shall keep such money separate from all other money, to be used 
exclusively for the purpose of industrial education as herein pro- 
vided. All moneys appropriated and expended under this act shall 
be expended by the local board of industrial education and shall be 
paid by the town, village or city treasurer on orders issued by said 
board and signed by its president and secretary. 

Moneys; how paid. 6. All moneys received by said board shall 
be paid to the town, village or city treasurer for the fund of the local 
board of industrial education. (1911 c. GIG) 

Courses of study. Section 5 53p — 5. 1. The courses of study in 
these schools shall be approved by the state superintendent of edu- 
cation and the state board of industrial education, and shall include 
English, citizenship, sanitation and hygiene and the use of safety 
devices, and such other branches as the state superintendent and 
the state board of industrial education shall approve. 

Pupils; attendance. 2. The local board of industrial education 
may allow pupils attending any school established under this 
act, who have had courses equivalent to any of those offered, to 
substitute other work therefor. (1911 c. GIG) 

Appropriation limited. Section 553p — 6. 1. Not more than 
ten thousand dollars shall be appropriated from the state funds for 
the purposes of this act in any one city, town or village, and the 
state aid shall not be given to more than thirty schools established 
under this act. 

School; how approved. 2. A school once granted state aid shall 
bp eiititled thereto as long as the character of its work meets with 



INDUSTRIAL, COMMERCIAL AND EVENING SCHOOLS. 247 

the approval of the state superintendent of education and the state 
board of industrial education. 

Secretary's report to state superintendent. 3. The secretary of 
the local board of industrial education of each city, town or village, 
in which such school or schools are maintained, shall on the first 
day of July in each year, report to the state superintendent of edu- 
cation the cost of maintaining the school, the character of the work 
done, the number, names and qualifications of the teachers employ- 
ed, and such other information as may be required by the state 
superintendent of education. 

State superintendent to approve school; to apportion state aid. 

4. If such report is satisfactory to the state superintendent of edu- 
cation and the state board of industrial education, and they are sat- 
isfied that the school or schools have been maintained in a satisfac- 
tory manner for not less than eight months during the year ending 
the thirtieth of the preceding June, the state superintendent of edu- 
cation shall make a certificate to that effect and file it with the 
secretary of state. The secretary of state shall then draw a warrant 
payable to the treasurer of such city, town or village in which the 
industrial school is located for a sum equal to one-half the amount 
actually expended in such industrial school, continuation school, 
evening school or commercial school, during the preceding year, 
but not more than three thousand dollars shall be appropriated to 
any one school in one year. (1911 c. GIG) 

Schools free to persons 14 or more years of age. Section 5.'j3p — 
7. The schools established under this act shall be open to all resi- 
dents of the cities, towns and villages in which such schools are 
located, of fourteen years of age or over who are not by law re- 
quired to attend other schools. Any person over the age of four- 
teen who shall reside in any town, village or city not having an in- 
dustrial school as provided in this act, and who is otherwise quali- 
fied to pursue the course of study may with the approval of the 
local board of industrial education in any town, village or city hav- 
ing a school established under this act, be allowed to attend any 
school under their supervision. Such persons shall be subject 
to the same rules and regulations as pupils of the school who are 
residents of the town, village or city in which the school is located. 
(JDll c. GIG) 

Noni-esident tuition fee; how collected. Section 553p — 8. The 
local board of industrial education is authorized to charge tuition 
fee for nonresident pupils not to exceed fifty cents per week. On 
pr before the first day of July in each year the secretary of the 



24S SCHOOL LAWS OF WISCONSIN. 

local board of industrial education shall send a sworn statement 
to the clerk of the city, village or town from which any such person 
or persons may have been admitted. This statement shall set forth 
the residence, name, age and date of entrance to such school, and 
the' number of weeks' attendance during the preceding year of 
each such person at the school. It shall show the amount of tuition 
which under the provisions of this act the town, city or village is 
entitled to receive on account of each and all such pupils attend- 
ance. This statement shall be filed as a claim against the town, 
village or city where .such pupil resides and allowed as other claims 
are allowed. (1911 c. 616) 

Students pay for material used; articles may be soltl. Section 
553p — 9. Students attending any school under this act may be re- 
quired to pay for all material consumed by them in their work in 
such school at cost prices or in lieu thereof the school board may 
establish a fixed sum to be paid by each student in each course, 
which sum shall be sufficient to cover, as nearly as may be, the 
cost of the material to be consumed in such course; any manufac- 
tured article's made in such school and that may accumulate shall 
be disposed of at their market value at the discretion of the school 
board, and the proceeds shall be paid to the local treasurer for 
the fund of the local board of industrial education. (1911 c. 616) 

The J. H. Stout Institute; boarfl of trustees. Section 553p — -10. 
The state board of industrial education shall also constitute a body 
corporate under the name of the "Board of Trustees of the Stout 
Institute," and shall possess all powers necessary or convenient to 
accomplish the objects and perform the duties prescribed by law. 
In such capacity, such board shall also employ such clerks and 
assistants as may be necessary to properly conduct its affairs. The 
state treasurer shall be ex-officio treasurer of the board, but the 
board may appoint a suitable person to receive fees or other moneys 
that may be due such board, to disburse any part thereof, to ac- 
count therefor, and to pay the balance to the state treasurer. (1911 c. 
616) 

Inclust ial board to accei>t the James H. Stout Institute. Section 
553p — 11. Such board is authorized to accept free of cost to the 
state and to hold as a trustee for the state, the property of the Stout 
Institute located at Menominee, Wisconsin, and to maintain such 
institute under the name of "The Stout Institute." Provided, that 
the trustees of said Stout Institute turn over to the state, within 
two months after the passage and publication of this act, said prop- 
erty free and clear of all incumbrances and debt, released from all 
claims or iriterest which the city of Menomjjiee or the heirs of James 



STOUT INSTITUTE. 249 

H. Stout may have had in said property and having put the build- 
ings in good condition, and having made such repairs as may be 
necessary before turning over said property. The board is also au- 
thorized to accept such other property or moneys as it may deem 
advisable to be accepted w^hich can profitably be used by it in pro- 
moting the interests entrusted to it. Such board may purchase, 
have, hold, control, possess and enjoy, in trust, for the state, for 
educational purposes, any lands, tenements, hereditaments, goods 
and chattels, of any nature, which may be necessary and required 
to accomplish the purposes and objects of the board, and may sell 
or dispose of any personal property when in its judgment it shall 
be for the interests of the state. (Wll c. 616) 

Purposes ami object of the institute. Section 553p — 12. The 
purposes and objects of the institute shall be to instruct young per- 
sons in industrial arts and occupations and the theory and art of 
teaching such, and to give such instruction as will lead to a fair 
knowledge of the liberal arts, a just and seemly appreciation of the 
nobility and dignity of labor, and in general to promote diligence, 
economy, efficiency, honor and good citizenship. (1911 c. 616) 

Powers of the board. Section 5 53p — 13. The said board shall 
have power: 

To suspend students for misconduct. (1) To make rules, regu- 
lations and by-laws for the government and management of the in- 
stitute and the students therein, including the power to suspend or 
expel students for misconduct or other cause. 

To appoint a president and fix his salaiy. (2) To appoint a 
president of the institute and other officers, teachers and assistants, 
and to employ such other persons as may be required; to fix the 
salary of each person so appointed or employed and to prescribe 
their several duties; to remove at pleasure any president, other 
officer, teacher, assistant or person from any office or employment 
in connection with the institute. 

To purchase supplies. (3) To purchase such supplies as may be 
necessary in the conduct of the institute and its various depart- 
ments. 

To prescribe rules. (4) To prescribe rules, regulations and 
terms for the admission and control of the students, to prescribe 
courses of study and methods and means of instruction, and to 
issue certificates or diplomas. 

To cooperate with other institutions. (5) To cooperate with 
other educational institutions and agencies in instruction and train- 



250 SCHOOL LAWS OF WISCONgllsf. 

ing, leading to efficiency in industrial arts and occupations. (1911 C. 
616) 

Appropriation. Section 2. There is hereby appropriated out of 
any money in the state treasury not otherwise appropriated, a sum 
sufficient to carry into effect the provisions of this act. However, 
in no case shall the sum appropriated for the purpose of carrying 
out the provisions of this act exceed the sum of thirty thousand 
dollars during the fiscal year ending July 1, 1912, nor more than 
fifty-five thousand dollars per annum thereafter. Twenty thousand 
dollars of the above moneys shall be set aside annually, beginning 
July 1, 1911, for the' purpose of maintaining the. Stout Institute as 
provided in this act. (1911 c. 616) 

This act not construed to interfere with trade schools established 
under chapter 122, 1907. Section 3. All acts and parts of acts 
conflicting with any provisions of this act are repealed in so far 
as they are inconsistent therewith. Provided, however, nothing in 
this act shall be construed to interfere in any manner with trade 
schools established under chapter 122, laws of 1907, and amend- 
ments thereof, unless the school board of any such city or school 
district shall by a majority vote adopt the provisions of this act, 
and shall proceed in the manner provided for, for every town, vil- 
lage or city of over five thousand inhabitants as provided in this act. 
(1911 c. 616) 

THE DISTRIBUTION OF THE SCHOOL FUND INCOME. 

(Chapter 28, Wisconsin Statutes) 

Apportionment of. Section 5 5 4. The school fund income shall 
be apportioned by the state superintendent between the tenth and 
fifteenth days of December in each year. The amount to be so 
apportioned shall include all moneys belonging to said fund received 
prior to the first day of December in the same year, together 
with the amount thereafter to accrue to such income from the state 
tax levy made in the same year, and the two hundred thousand 
dollars to be appropriated from license fees and taxes paid by cor- 
porations in February following, under the provisions of section 
1072a, and after December, 1903, shall include also the interest re- 
ceipts thereafter to accrue to said fund from the state tax levy 
of the same year or to be collected therewith as special charges. Such 
apportionment shall be made among the several counties, towns, 
villages and cities according to the number of children in each over 
the age of four and under the age of twenty years, as shown by the 
reports made to the state superintendent for the year preceding, 
ending June 30. (190S c. 313) 



SCHOOL FUND APPORTIONMENT. 251 

Jjoss of right. Section 554a. Whenever any town, village or 
city shall fail in any year to raise by tax, for the support of commoi 
schools therein, a sum equal to the amount of its share of suca 
school fund and other income as determined by the county board in 
pursuance of section 10 74, the amount of the apportionment to such 
town, village or city for that year shall be withheld from the next 
succeeding apportionment, unless the town or village board or com- 
mon council shall have transferred as they are hereby authorized to 
do, from the general fund to the school fund of the town or village 
or to the board of education of the city 'for such purpose, the amount 
of deficit in such school tax, and the town, village or city clerk shall 
have filed with the state superintendent his certificate showing such 
transfer, and, in the case of the town clerk, his apportionment there- 
of to the proper school districts before the tenth day of December. 

JNo appoi'tionnient to be made in certain cases. No apportion- 
ment shall be made to any city, village or town for any school dis^ 
trict therein for any year during which such district shall not have 
maintained a common school taught by a qualified teacher for seven 
[eight] months, unless the state superintendent shall be satisfied 
that such school was so taught for three months, and the failure to 
maintain it for the full seven [eightj months was occasioned by 
some extraordinary cause and not arising from neglect or intent, nor 
to any town, village or city, nor for any school district, reports of 
which as required by law shall not have been made and transmitted 
during the preceding year to the state superintendent; nor to any 
city for any year the report for which shall not show that the 
number of children between the ages aforesaid residing therein 
has been ascertained by an actual census taken under the' direction 
of the board of education or other body having the government of 
common schools therein, by their clerks or persons of their appoint- 
ment for that purpose; provided, that provision by a school district 
for the instruction and transportation of its pupils in accordance 
with subdivision 15 of section 430 shall entitle the district to share 
in the apportionment as though such district had maintained a 
school. (1903 c. 313) 

See section 502, page 224 of this code. 

Certificate and notice. Section 555. The state superintendent 
shall certify the apportionment made as aforesaid to the secretary of 
state and shall immediately give notice thereof to each county 
clerk and county treasurer stating the amount apportioned to his 
county and to each town, village and city therein. Upon receiving 
such apportionment the secretary of state shall draw his warrant 
upon the state treasurer, payable to the proper county treasurer. 



252 SCHOOL LAWS OF WISCONSIN. 

for the total amount apportioned each county, and the amount of 
such warrant shall be paid to che county treasurer entitled to re- 
ceive the same at the time when he shall pay over to the state treas- 
urer the amount due the state on account of state taxes as required 
by law. 

Correction of api>ortionment. Section 556. Whenever any of- 
ficer shall omit to make within the time fixed any statement or re- 
port required to be made to the state superintendent he shall notify 
such officer by mail or otherwise of such omission, but the failure 
of the state superintendent so to do shall in no manner affect the 
consequences of such omission. If at any time within two years 
after the apportionment in which any town, village, city or school 
district was excluded upon any ground mentioned in section 554 
satisfactory evidence shall be filed with the state superintendent that 
such exclusion was due to some mistake or omission of some officer, 
and that such town, village, city or school district was legally en- 
titled to have shared in such apportionment the state superintendent 
shall certify such facts and the amount justly apportionable thereto 
to the secretary of state and notify the county clerk and treasurer 
of the proper county thereof. The secretary of state shall draw his 
warrant therefor, and the money shall be paid from the school fund 
income for the use of such town, village, city or school district as 
if originally apportioned. 

County treasurer's duty. Section 557. Each county treasurer 
shall apply for and receive the school money due to his county as 
soon as apportioned and payable, and shall immediately give no- 
tice in writing of the amount apportioned to each town, village and 
city in his county to the treasurer and clerk thereof respectively 
and shall pay the same to each such treasurer on demand, who 
shall pay the same to the proper school treasurer as provided by law. 
If any such town, village or city treasurer shall not demand such 
money before the next receipt of school money apportioned to such 
county, the county treasurer shall add such sum remaining in his 
hands to the money so next received and distribute the same there- 
with and in the same proportion among the several towns, villages 
and cities entitled thereto in such county. 

Apportionment; school must be maintained at least eight 
months. Section 558. The town clerk shall apportion all school 
money received from the state and also all raised by the town, 
among the several districts and parts of districts within the town, 
in proportion to the number of persons between the ages of four 
and twenty years residing in each, taking such number from the last 
annual report of their respective district clerks. No money shall be 



SCHOOL FUND APPORTIONMENT. 253 

apportioned to any district or part of a district, except as herein 
provided, and as provided in section 554 of this chapter, by the dis- 
cretion of the state superintendent, unless the last annual report of 
such district, verified by the affidavit of the district clerk, shall 
show that all school money received from the state by such district 
has been used in paying a legally qualified teacher, and that a com- 
mon school has been taught in such district by such teacher for at 
least eight months during the year ending with the date of such re- 
port. ,'i ' i^i ! 

Days spent attending teachers' institute may be counted. Pro- 
vided that any time which such report shall show was sp6nt by the 
■ teacher or teachers of said district in attendance upon an institute 
in the county, and was allowed by the district board without deduc- 
tion from such teacher's wages therefor, shall be included as a 
part of such eight months. (1901' c. 108) 

At least eight months school must be maintained in each school 
district in order that the district may be lawfully entitled to 
share in the apportionment of state and county (town) school 
money apportionments. 

Moneys not paitl. Section 5 5 9. All money apportioned by the 
town clerk to any district or part of a district which shall have re- 
mained in the hands of the town treasurer for one year after such 
apportionment, by reason of such district or part of district neglect- 
ing or refusing to receive the same, shall be added to the money 
neyt thereafter to be apportioned by such town clerk to the several 
districts and parts of districts in such town and apportioned there- 
with. 

3Iontli. Section 560. In reckoning school months twenty days, 
as specified in section 459, shall constitute a month, and one hun- 
dred and twenty days, six months, [and one hundred and sixty days, 
eight months. See section 554.] 

At least eight months, one hundred and sixty days, of school 
taught by a legally qualified teacher, must be maintained in order 
that the district may be entitled to share in the apportionment of 
the state and town school money. 



254 SCHOOL LAWS OF WISCONSIN. 



EURAL SCHOOLS. 



Schools classified. Section 56 Of. Every school district which 
shall have maintained a school or schools for eight months the 
previous year, supplied needful apparatus and textbooks, and kept 
the schoolhouse and outbuildings in proper condition and repair, 
shall for the purposes of this act, be deemed to have maintained a 
rural school or schools of the second class. (1909 c. 154) 

School of first class. Section 560g. Every school district not 
composed wholly or in part of an incorporated village or city, nor 
containing a state graded school, which shall have maintained a 
school or schools for eight months the previous year, provided a 
suitable school building and outbuildings, needful apparatus, sup- 
plementary readers and installed an adequate system of ventilation, 
and done efficient work, shall, for the purposes of this act, be deem- 
ed to have maintained a rural school or schools of the first class. 
(1909 c. 15J,) 

Special Aid. Section 56 Oh. Any district maintaining a rural 
school or schools of the second class shall be entitled to a share in 
all state and county school moneys. Any district maintaining a 
rural school or schools of the first class shall be entitled, in addition 
to the moneys specified for rural schools of the second class, to 
special state aid to the amount of fifty dollars per year for each 
school so maintained for three years to be paid from the state treas- 
ury. (1909 c. 15],) 

State superintendent's duty. Section 56 Oi. The state superin- 
tendent shall inform the county and district superintendents as to 
what shall be considered needful apparatus and proper equipment 
and an improved system of ventilation for rural schools; and in case 
of disagreement between the school district and the county or dis- 
trict superintendents as to whether a school has the proper equip- 
ment, his judgment shall be final. (1901 c. GOO) 

Conditions. Section 56 Oj. Any school district which desires 
special state aid as provided in section 56 Oh of this act, shall make 



RURAL SCHOOLS. 255 

out an application in writing to the county or district superintend- 
ent on a blank furnished by him setting forth the condition of the 
buildings, the amount and nature of the apparatus in the school 
and a description of the system of ventilation used or in use. A 
defect in the building or ventilating system or a deficiency in appa- 
ratus in process of repair, the county superintendent may consider 
it, for the purposes of this application, as having been completed; 
subsequent neglect, however, to complete such repairs or to make 
such purchases as the board have previously certified to be in pro- 
cess of making, shall be ground on which the county or state su- 
perintendent may revoke the approval of the application. (1907 c. 
600) 

Section 560k. If the county superintendent shall approve of 
the application, he shall endorse the same and remit it to the state 
superintendent of public instruction who shall act upon the appli- 
cations in the order of their reception. (1907 c. 600) 

Compliance, Section 560 1. To each district which shall com- 
ply with all the provisions of this act, and whose application for 
aid shall have been approved by him, the state superintendent shall 
apportion the sum of fifty dollars for each rural school of the first 
class maintained by said district which shall be paid in the same 
manner as other forms of special state aid are now paid. (1909 c. 
154) 

Appropriation. Section 560m. To carry out the provisions of 
this act there is hereby appropriated annually out of the moneys as- 
sessed and collected under the provisions of chapter 313, laws of 
1903, amending section 1072a of the statutes of 1898, a sum suf- 
ficient to meet all the approved claims coming under the provisions 
of this act. (1907 c. 600) 

"School district" defined. Section 5 6 On. 1. As used in sec- 
tions 560f, 560g, 560h, 560i, 560j, 560k, 5601, 560m and 560n the 
words "school district" shall include sub-districts in towns which 
have adopted the township system of school government. 

2. Nothing contained in this act shall be construed so as to in- 
crease the number of payments which may be received by any dis- 
trict for any school qualified as required by sections 56 Of, 560g, 
560h, 560i, 560j, 560k, 5601 and 560m to more than three on ac- 
count to any one school.. (1907 c. 600) 

This is distinctly for the purpose of bringing about better condi- 
tions in the country schools in the state. It provides that the 
sum of fifty dollars annually shall be paid as special aid for a 
period of three years. Before the district can, however, receive 
this fifty dollars it will be necessary that school shall be main- 
tained for at least eight months and the conditions named in the 



256 SCHOOL LAWS OF WISCONSIN. 

chapter complied with. The special apportionment will be pro^ 
vided for at the time the regular annual apportionment is pro- 
vided for and will be available at the same time, February. This 
act is of special interest to school boards. It was impossible in 
the law to specifically define just what is meant by "suitable 
school building," "outbuildings," "needful apparatus," "supple- 
mentary readers," "adequate system of ventilation," and "efficient 
work in teaching." The interpretation of most of these terms and 
some others will be found in the comments under section 436, 
as printed in this code. Indeed there is no reasbn why all that 
is required in section 436 should not be required under this chap- 
ter. In order that the teaching work may be '.'efficient" it is essen- 
tial that good order shall have been maintained in the school; 
that the teacher shall have been competent, energetic, faithful 
and progressive in the work of instruction. In other words, the 
district must have maintained what will be considered by everj"- 
intelligent patron and the county superintendent as a good school 
in every essential particular. The term "adequate system of 
ventilation" includes also a system of heating. The two naturally 
go together. It does not mean, however, that it is necessary for 
the district to purchase some patented system manufactured by 
regularly established firms and furnished through soliciting agents. 
As long as the system is "adequate" it will be considered suffi- 
cient. The attention of all school boards is called especially to 
the provisions of this chapter and chapter 39, section 436. They 
naturally go together, and the comments under chapter 39 will 
make plain all particulars, and especially those relating to meth- 
ods of properly heating and ventilating the school room. Rend 
also section 435a. 

Temporary lockups not to be built within 300 feet of a public, 
private or parochial school. Section 566m. Hereafter no lock-up 
or temporary place of confinement for insane persons or persons ar- 
rested for breach of ordinance or statute shall be erected in any vil- 
lage, or city of the third or fourth class within three hundred feet 
of any public, private or parochial school building, or building used 
regularly or principally for school purposes. (1901 c. 372) 

The purpose of this act is to prevent the demoralizing effects 
upon school children, of excitement caused by scenes attending the 
arrest and jailing of lawbreakers. 

State public school; admission of deformed and crippled child- 
ren. Section 573aa. In addition to the classes of children now 
received at the state public school for neglected or dependent child- 
ren, pursuant to existing laws there shall also be received as pu- 
pils in the said school, any such, children under fourteen years of 
age, residents of this state, who are of sound mind but who are 
crippled or deformed in body, provided their bodily ailments are 
such as admit of proper care and treatment at the school with the 
facilities which are, or may hereafter be provided therefor, subject 
only to the limit3.tio_ns contained in the next section. (1901 c. 109) 



DAY SCHOOLS FOR UEAF AND FOR THE BLIND. 257 



DAY SCHOOLS FOK DEAF AND FOR THE 

BLIND. 



How organized. Section 5 78. 1. Upon application by the board 
of education of any village or city, made to the state superintendent, 
he may grant permission to such city or village to establish and 
maintain within its corporate limits one or more schools for the in- 
struction of deaf persons who are residents of this state. (1007 c. 128) 

Annual i-eport. 2. (1) The board of education of any village or 
city which shall maintain one or more such schools, shall through its 
clerk or secretary report to the state superintendent annually, and 
oftener if he so direct, such facts relative to such school or schools 
as he may require. 

State aid. 2. (2) There shall be paid out of the' state treasury 
annually in the month of July, to the treasurer of the school district 
board or of the board of education in the city or village maintaining 
such school or schools under the charge of one or more teachers, 
whose qualifications shall be approved by the state superintendent, 
the sum of one hundred fifty dollars for each deaf pupil instructed 
in such school or schools at least nine months during the year next 
preceding the first day of July, and a share of such sum proportion- 
ate to the term of instruction of any such pupil who shall be so in- 
structed less than nine' months during such year, and the additional 
sum of one hundred dollars for each deaf pupil not residing in the 
school district where the school for the deaf is located, but residing 
In this state, who has been so instructed, and who finds it necessary 
while attending the school for the deaf to pay for board in the dis- 
trict maintaining such school or schools or to pay for transportation 
to and from such school, or both, when the parents of such deaf 
child are unable to meet this expense, and a share of such one hun- 
dred fifty dollars or t^o hundred fifty dollars as the case may be 
proportionate to the term of instruction of any such pupil who shall 
be so instructed less than nine months during such year. 

Money may be used for transportation. 2. (3) The school board 
of the district maintaining such a school may use sucn part of the state 
17— S. L. 



258 SCHOOL LAWS OF WISCONSIN. 

aid provided for in this act in the payment of board and transporta- 
tion of said non-resident pupils, as it shall find necessary. (1909 
c. 531) 

Inspector; duties of. Section 5 79a. 1. The state superintend- 
ent of public instruction may appoint a competent person who shall 
act under his direction as inspector of public day schools for the deaf. 
When not engaged in the inspection of the schools for the deaf said 
inspector may be assigned to such other duties as the state superin- 
tendent may determine and designate. 

Salary. 2. The inspector shall receive an annual salary of fif- 
teen [eighteen] hundred dollars and reimbursements for all actual 
and necessary traveling expenses incurred, when duly certified by the 
state superintendent; provided, that no more than five hundred dollars 
shall be allowed for expenses. The salary and expenses shall be paid 
in the same manner as the state officers are paid. 

Keport of district treasurer. 3. It shall be the duty of the 
treasurer of the school district board or of the board of education re- 
ceiving the aid provided for in section 578 of the statutes of 1898, to 
render annually to the superintendent of public instruction an item- 
ized statement of all expenditures of said school or schools. Any 
surplus at the end of the year shall be reserved as a special fund for 
the deaf school and can be used for no other purpose. 

Report of inspector, 4. It shall be the duty of the inspector to 
report annually to the superintendent of public instruction as to the 
condition and progress of the day schools and make such recommenda- 
tions as he may deem proper for the improvement of the same. (1909 
c. 465) 

Compulsory education. Section 579m. 1. Any parent or guar- 
dian having under his control a deaf child between the ages of six 
and sixteen years who is incapacitated for attending a common school 
shall cause such child to attend some public, private, parochial or state 
school established for the instruction and education of the deaf, for a 
period of at least eight months during any school year. 

Penalty. 2. Any person who shall neglect or refuse to obey the 
provisions of this section shall, upon conviction, be punished by a fine 
of not less than five dollars nor more than fifty dollars, or by impris- 
onment in the county jail, not exceeding three months for each of- 
fense. 

Exception. 3. This section shall not apply to any child not in 
proper physical or mental condition to attend school or receive instruc- 



DAY SCHOOLS FOR DEAF AND FOR THE BLIND. 259 

tion who shall be able to show a certificate to that effect, signed by a 
reputable physician in general practice. (IDOl c. 128) 

District Attorney to prosecute. Section 5 79n. It shall be the 
duty of the district attorney upon proper complaint, made by a city 
superintendent or a county superintendent of schools, or the inspector 
of the day schools for the deaf, to prosecute any parent or guardian 
failing to comply with this act. The case shall be tried before the 
county judge and the cost of prosecution shall be added to the fine. 
(1901 c. 128) 

Education of blind childien. Section 579o. Sections 578, 579a, 
579m, and 579n of the statutes, and all acts amendatory thereof, shall, 
so far as applicable, provide for and apply to schools for the blind, ex- 
cept that there shall be paid out of the state treasury annually in the 
month of July to the treasurer of the school district board or of the 
board of education in any city or village maintaining a school or 
schools for the blind under the charge of one or more teachers, whose 
qualifications shall be approved by the state superintendent, the sum 
of two hundred dollars for each blind pupil instructed in such school 
or schools at least nine months during the year next preceding the 
first day of July, and a share of such sum proportionate to the term 
of instruction of any such pupil who shall be so instructed less than 
nine months during such year; the said sum of two hundred dollars 
to include instruction in music and manual training, and to cover 
necessary expenses for material and printing in connection with the 
work of any such school or schools; and the state superintendent of 
public instruction may authorize and instruct the inspector of day 
schools for the deaf, acting under his direction, to inspect day schools 
for the blind without additional compensation. (1909 c. 199) 

Provides for the establishment of public schools for the blind. 
It appears that these schools may, like the day schools for the 
deaf, be located in communities where there are enough pupils to 
justify the organization of such a school. The sections above re- 
ferred to will be found in the provisions of sections 578 and be- 
yond. These schools are presumed to be maintained and inspected 
in the same way that the day schools for the deaf are maintained, 
inspected and directed. 

Publication of official proceedings of school boards in villages 
and cities. Section 925 — 46m. The official proceedings of regu- 
lar and special meetings of boards of education in all incorporated 
cities and villages in this state, including a full statement of all re- 
ceipts and expenditures, shall be printed and published in such man- 
ner as the board of education shall direct. (1909 c. 249) 

This chapter does not affect any school board of any school dis- 
trict that does not include all or part of some incorporated vil- 
lage or all or part of some city. 



260 SCHOOL LAWS OF WISCONSIN. 



If the district is composed of territory, part of which lies in a 
village or city and part in the adjoining town or towns, the board 
of such district is bound by this law. The manner of publication 
is left to the judgment of the board. The purpose is to give pub- 
licity to the board proceedings. Matters of a controversial nature 
should not be published. 



GENERAL CITY CHARTER LAW. 261 



GENERAL CHAKTER LAW DIVIDING 
CITIES INTO CLASSES. 



Board of education; election; appointment; terms; changes of 
school systems and boundaries of districts, villages and cities. Sec- 
tion 925 — 113. 1. If in any city other than of the first class which has 
adopted the general charter law; or which shall hereafter become in- 
corporated under the provisions of section 925g, of the statutes, or 
which has adopted or which shall hereafter adopt sub-chapter XIV of 
chapter 40a, of the statutes, there shall be at the time of such adoption 
or incorporation a board of education or a school board elected by the 
people, or the ordinary school district system is in force, the plan of 
school organization and management shall continue until changed by 
a majority vote of the electors of such school district or districts; 
neither shall the adoption of the general charter or the act of incor- 
poration under the provisions of section 925g, operate to change or in 
any way affect the boundaries of any school district. 

System of school government may be changed. 2. If the dis- 
trict system is in force, the vote shall be taken at a special election, 
duly called, noticed and held as provided by law; and if any city 
shall contain more than one school district, " then the special election 
shall be held in each school district any part of which lies within the 
city limits, upon the same and at the same hour, and the existing sys- 
tem shall not be changed unless a majority of the electors voting in 
each district at such special election shall vote in favor of such change. 

When change takes effect. 3. If a majority of the electors vot- 
ing in each such district at such special election shall vote in favor 
of such change, then such change of school system shall go into effect 
and be such as is provided for in said sub-chapter XIV and the school 
district boundaries shall, without further action, be changed so as to 
create one school district which shall include all the territory em- 
braced within the limits of such city and each and all of those parts 
or portions of each such former district or districts lying outside of 
the limits of such city shall be attached to and connected with such 
city for school purposes; such change of the school system and school 
district boundaries shall go into effect on the first day of March fol- 
lowing such special election and not earlier, and the school district 



262 SCHOOL LAWS OF WISCONSIN. 

boards and district officers existing at the time of holding such elec- 
tion shall continue in office and shall have exclusive control of their 
respective schools and school properties until such change of school 
system and school district boundaries shall go into effect as herein' 
before provided and to the end of the then current school year, and 
on the first Monday of July following the date when such change of 
school system goes into effect each of said school boards shall settle 
their accounts with the board of education and shall deliver all prop- 
erty, papers and records of each of their respective districts to said 
board of education. 

Kesults of election to be certified. 4. immediately after the 
holding of such special election in each such district, each school 
district board shall certify and return the results of such election 
to the clerk of each city and town within which any part of either 
such district is located and if such change of school system is voted 
upon favorably in each such district, the clerk of each such munici- 
pality shall make a record in his office showing the change of such 
system and boundaries and the date when the same will go into 
effect. 

Special election shall be held. 5. If the existing system of 
school organization is directed and controlled by a board of educa- 
tion or a school board either appointed or elected under the provis- 
ions of a special charter, such system can be changed by vote of 
the electors taken at a special election called and held pursuant 
to the provisions of such special charter governing special elec- 
tions. 

Method of changing if schools are controlled by an appointed 
board. 6. If the existing system of school organization is directed 
and controlled by a board of education appointed by the mayor under 
the provisions of the general charter law, such system can be changed 
by a vote of the electors taken at a special election duly called and 
held pursuant to law. 

Change to go into effect. 7. In all cases where the existing sys- 
tem or plan of school organization shall be changed undei;; the provi- 
sions of this act, such change shall not go into effect until the close 
of the then current school year. 

Board; how organized. 8. In all cities governed by this sub- 
chapter, the school shall be under the control of a board of education, 
which board except as provided in section 925 — 113n shall consist of 
one commissioner from each ward and three from the city at large, 
to be appointed by the mayor and confirmed by the common council, 
or elected by the common council, if so determined by ordinance. 



GENERAL CITY CHARTER LAW. 263 

The mayor in appointing or council in .electing the first board shall 
divide the members into three classes as nearly equal as may be, one 
of the commissioners at large being in each class, and shall appoint 
those of one class for one year, those of another class for two years, 
and those of the remaining class for three years. 

Term of office. Each commissioner shall hold his office for the 
term designated in such classification and until his successor shall 
have qualified; thereafter all commissioners shall be appointed or 
elected and hold their offices for three years and until their succes- 
sors shall have qualified. 

Changing back to board of three members. Section 925 — 113a. 
1. Upon the presentation of a resolution to the city clei'k of any city 
of the fourth class now operating its schools under the provisions ot 
the general charter or a special charter, signed by thirty per cent of 
the legal voters of such city school district, requesting a return to the 
ordinary district system of school government, and an annulment of 
that provision of the charter under which the schools are now ad- 
ministered, it shall become the duty of the city council to submit 
this question to the electors of the city school district at a special 
election, duly called, noticed and held pursuant to law. 

When change is made. 2. And if a majority of the electors of 
the city school district shall, at the special election duly held pursuant 
to the provisions of such special charter governing special elections or 
of the general charter, vote in favor of said change of school govern- 
ment, then thereafter the schools of such city school district shall be 
administered, maintained, and operated under the ordinary district 
form of school government until changed by competent authority. 

AVhen to go into effect. 3. In all cases where the existing sys- 
tem or plan of school organization shall be changed under the provi- 
sions of this act, such change shall not go into effect until the close 
of the current school year. (1909 c. 237) 

Question submitted. Section 925 — 113m. At the special elec- 
tion mentioned in section 925 — 113 there shall be submitted to a vote 
of the electors of the several school districts the question, "Shall the 
board of education be elected in accordance with section 925 — 113n?" 
If a majority of all the votes cast upon that question at such elec- 
tion shall be in the affirmative, then the board of education shall be 
elected in accordance with the provisions of said section 925 — 113n at 
the spring election held in such city next after the time when such 
change of school system and school district boundaries shall go into 
effect. (1909 c. 177J 



264 SCHOOL LAWS OF WISCONSIN. 

Board of seven members. Section 925 — 113n. 1. Where the 
electors have decided in the affirmative under tlie preceding section, 
the board of education shall consist of seven commissioners elected 
at large from the territory of such city. The members of such board 
shall be divided as nearly equal as may be into three classes. One 
class of three members shall be elected for one year, one class of two 
members for two years, and those of the remaining class for three 
years. Such commissioners shall be elected at the annual spring 
election held in such city. The names of the candidates for the office 
of school commissioner shall be printed upon a separate ballot under 
the title "school commissioners." 

Board elected at spring election. 2. At the annual spring elec- 
tion next after the time when the change of school system and school 
district boundaries shall go into effect, there shall be elected seven 
commissioners to constitute the board of education for such school 
district. All qualified electors within such city shall be entitled to 
vote for such commissioners at such election. 

Terms of office. 3. At the first election held for the office of 
school commissioner the two persons receiving the highest number of 
votes shall be elected for three years, the two receiving the next high- 
est number of votes shall be elected for two years, and the three re- 
ceiving the next highest number of votes shall be elected for one year. 
Each elector voting at such first election shall be entitled to vote for 
seven candidates. Thereafter such electors shall elect at each spring 
election commissioners for the term of three years. Each elector shall 
be entitled to vote for as many candidates as there are commission- 
ers to be elected and the ones receiving the highest number of votes 
shall be elected. 

Canvass of votes. 4. The votes cast at such election shall be 
canvassed and return thereof certified to the common council. The 
common council snail canvass the returns of such election and shall 
declare the result thereof as for city officers. 

Tenn to commence May 1st. 5. The persons elected in accord- 
ance herewith shall constitute the board of education of such school 
district. The term of office of each such commissioner shall com- 
mence on the first day of May following such election and each com- 
missioner shall hold office until his successor is elected and qualified. 
Vacancies in such board of education shall be filled by appointment by 
the mayor of such city subject to the approval of the council. Notices 
of election under this statute shall be given as in other elections in 
said city. (1909 c 111) 



GENERAL CITY CHARTER LAW. 265 

Annual niet'tins;. Section 925 — 114. The first meeting of the 
board each year shall be held on the first Monday in May or as soon 
thereafter as may be. At such meeting the board shall elect one of its 
members president and another vice-president. The president shall 
preside and preserve order at every meeting of the board at which he 
shall be present, and perform such other duties as the board shall by 
rule, by-law or resolution from time to time require of him. It shall 
be the duty of the vice-president to discharge the duties of the presi- 
dent in his absence. 

Secretary and superintendent. Section 925 — 115. In cities of 
the first class the board of exJucation shall, annually at its first meet- 
ing or as soon thereafter as may be, elect a secretary who shall not 
be a member of the board. In other cities the city clerk shall be ex- 
ofRcio secretary of tlie board. In cities not under the supervision of 
a county superintendent, the board shall, in like manner at such 
meeting or as soon thereafter as may be, elect a superintendent of 
schools for the city who shall not be a member of the board. These 
officers shall hold their respective offices for one year and until their 
successors shall have been elected, unless sooner removed by a resolu- 
tion adopted by a vote of two-thirds of the members of the board. 

Authority of board. Section 925 — 116. The board of educa- 
tion shall have authority: 

High schools. 1. To establish and organize such high schools 
and so many district schools and branches of the same, primary 
schools, night schools and kindergartens as they shall deem expedient. 

Change districts. 2. To establish and change from time to time 
such and so many school districts as shall include all the territory of 
the city and to afford to the people of the city such district school 
facilities as the circumstances of the city and its various parts may 
from time to time require; provided, that in cities adopting this 
chapter or being newly organized under it the school districts al- 
ready established shall remain until otherwise ordered by the board. 

I'urchase equipment. 3. To purchase and preserve such school 
apparatus as may from time to time be required. 

Courses of study, etc. 4. To grade the schools and prescribe 
the course of study to be pursued thei'ein, and the textbooks to be 
used; provided, that such textbooks shall not be changed oftener than 
once in five years. 

Teachers. 5. To employ teachers of all grades and fix their 
salaries, 



266 SCHOOL LAWS OF WISCONSIN. 

Rules for board meetings. 6. To prescribe rules of order for 
the regulation of their own meetings and deliberations, and alter and 
repeal the same from time to time as they shall see proper. 

Committees. 7. To appoint all necessary standing and special 
committees. 

Kules. 8. To enact, amend and repeal all necessary rules, regu- 
lations and by-laws for the government of the schools, teachers and 
school officers. 

Salaries. 9. To fix the salaries and prescribe the duties of the 
superintendent of schools in cities not under the supervision of a 
county superintendent; to authorize him to appoint such assistant 
superintendents, either for general or special service, as they may 
deem necessary, and fix the salaries of such assistants; to fix the 
salary of the secretary of the board and his assistants; prescribe his 
duties, whether he be the city clerk or one specially elected by the 
board, and in the latter case to authorize such secretary to appoint 
such assistants as they may deem necessary. 

Janitors. 10. To contract for and purchase all necessary fuel 
for the school and school offices, provide for lighting the same, ap- 
point janitors for the school buildings and school offices and fix their 
salaries. 

Estimate expenses. 11. To estimate the expenses of the public 
schools as hereinafter provided. 

Powers. 12. To exercise all the powers necessarily incident to 
the powers herein conferred. 

Monthly and special meetings. Section 925 — 117. It shall be 
the duty of said board to hold monthly meetings at such times as it 
shall from time to time prescribe; special meetings may be held 
under such rules and regulations as the board may fix. 

School buildings; oflfice for board. Section 925 — 118. It shall 
be the duty of the board of public works e'xcept as provided in sec- 
tion 925 — 87, under the direction of the council to erect and keep 
in repair all school buildings, and to provide suitable offices for the 
board of education, and its secretary, if there be one other than the 
city clerk, and the city superintendent of schools, if any. In the 
absence of permanent school buildings, or proper offices for the 
transaction of school business, the board of public works may 
rent suitable rooms, temporarily, for schools or offices, or either. 

Estimates of expenses. Section 925 — 119. The board of educa- 
tion shall prior to the first day of March each year make an estimate 
of the expenses of the public schools for the ensuing year, including 



GENERAL CITY CHARTER LAW. 267 

all necessary incidental expenses and the amount thereof which it 
will be necessary to raise by city taxation and certify the same to 
the city clerk, who shall lay the same before the common council 
at the first regular meeting thereof in March. 

Duty of council. It shall be the duty of the common council to 
consider such estimate and by resolution duly adopted prior to the 
first day of April, determine the amount to be raised by city taxa- 
tion for school purposes for the ensuing year, which amount so fixed 
shall be included in the annual budget to be raised by a tax called 
the city school tax, which shall be collected the same as other taxes. 

Duty of the city treasurer. It shall be the duty of the city treas- 
urer to set aside and keep all moneys raised in any way for school 
purposes, whether by the state, the county or the city, coming into 
his hands, in a separate fund to be called the school fund and to pay 
out the same upon the orders of the board of education, signed by 
its president and certified by its secretary; provided, that teachers' 
and janitors' salaries may be included in a single order each month 
in the form of a pay roll, to be signed and certified as aforesaid; 
provided, further, that in any city adopting this chapter, if at the 
time of such adoption the board of education or school board shall 
have power to levy the city school tax or the district school taxes, 
such power shall continue unaffected by this chapter, and this sec- 
tion shall not apply to such city nor be in force therein until spe- 
cially adopted by a vote of three-fourths of the members of the 
council. 

Statement of estimate to be filed by board of public works. 

Section 925 — 142. On or before the first day of October in each 
year the board of public works, if there be one, shall file with 
the city clerk a detailed statement of the' amount of money that 
will be required for the ensuing fiscal year in such department, 
and the city comptroller or the oflScer performing his duties shall 
likewise file a statement of the amount required by the police and 
fire departments, the general and library fund, and for the pur- 
pose of paying interest for the ensuing year on the public debt and 
five per cent of the principal thereof. 

Council to levy school taxes. The city clerk shall place such es- 
timates before the council at its next regular meeting, and the 
council shall thereupon, by resolution, levy such sums of money as 
may be sufl5cient for the several purposes for which taxes are au- 
thorized not exceeding the amount provided by section 925 — 142a. 
And in making such levy they shall take into consideration the 
estimated amount that will be received by the city during the fiscal 
year from licenses or from any other source. (1901 c. 118) 

This is an amendment of section 925, paragraph 119, and 925, 



268 SCHOOL LAWS OF WISCONSIN. 

paragraph 142, of the statutes, requiring the board of education 
to make an estimate of the expenses for the public schools in 
cities for the ensuing year and to certify the amount which it will 
be necessary to raise by city taxation to the city clerk before the 
first day of March instead of October. 

Territory to be taxed for school purposes. Section 925 — 119m. 
1. In all cities governed by this sub-chapter, having a school system 
under the provisions hereof and having attached to or connected 
with it for school purposes territory outside of the city limits, all 
the taxable property within the territory so attached to or connected 
with such city shall be subject to be taxed for the support and 
maintenance of the schools of such city, the same as property within 
such city. 

Duty of city clerk and town clerk. 2. It shall be the duty of 
the city clerk of such city in each year to ascertain the rate per cent 
which all taxes raised in said year in said city for school purposes 
bear to the assessed value of all the property tax for school pur- 
poses within such city for that year, and on or before the 25th day 
of November in such year in writing to notify the town clerk or 
clerks of the town or towns in which such attached or connected 
territory is situated "of such per cent or rate of taxation in such city 
for school purpose's, and it shall thereupon be the duty of said 
town clerk or clerks and each thereof immediately to carry out on 
the tax rolls of such town or towns respectively for such year a 
tax for school purposes of the same per cent on all taxable property 
within that portion of their respective towns so attached to such 
city for school purposes and such tax so carried out on such tax rolls 
is hereby declared duly levied and a lien on such taxable property 
until paid the same as other taxes as provided by law. 

Taxes; how collected. 3. It shall be the duty of the tre'asurer 
of such town or each such town to collect said tax in the same 
manner as other taxes, and the said treasurer or treasurers respec- 
tively shall pay over in each year in full the amount of taxes so 
carried out on said rolls and assessed on said property in their 
towns respectively for the purposes of schools in such city to the 
treasurer of such city, in the same order and as they are now re- 
quired by law to pay moneys raised for common school purposes, 
and return taxes collected for any school district whether such town 
treasurer has collected such tax or not. 

Delinquent taxes. 4. If the taxes hereby provided for shall not 
bo collected by said treasurer they shall be returned with and as 
delinquent taxes and their collection enforced in the manner now 
provided by law for collecting delinquent taxes. (1909 c. Ill) 



TRADE SCHOOLS. 269 



TRADE SCHOOLS. 



How organized and maintained. Section 926 — 22. Any city in 
ttie state of Wisconsin or any sctiool district liaving within its lim- 
its a city desiring to establish, conduct and maintain a school or 
schools for the purpose of giving practical instruction in the useful 
trades to young men having attained the age of fourteen years 
and young women naving attained the age of fourteen years as 
a part of the public school system of such city, is empowered to 
do so by complying with the provisions of sections 926 — 23 to 
926 — 30 inclusive, statutes of 1898. flDOO c. J,01) 

Section 926 — 23. Such trade school or schools shall be under the 
supervision and control of the school boards of the respective cities 
or school districts in which they may be located. 

Section 926 — 24. The school board of every city or school dis- 
trict is given full power and authority to establish, take over and 
maintain a trade school or schools, equip the same with proper 
machinery and tools, employ a competent instructor or instructors, 
and give practical instruction in one or more of the common trades. 
Such a trade school shall not be maintained, however, unless there 
be an average enrollment of at least thirty scholars. (1901 c. 122) 

Section 926 — 25. Whenever any school board shall have estab- 
lished or taken over an established trade school, such school board 
may prepare the courses of study, employ instructors, purchase all ma- 
chinery, tools and supplies, purchase or lease suitable grounds or build- 
ings for the use of such school and exercise the same authority 
over such school which it now has over the schools under its charge. 
(1909 c. 15.5) 

Section 926 — 26. Whenever aiiy school board shall have estab- 
lished or taken over an already estabished trade school or schools, it 
may appoint an advisory committee to be known as the committee on 
trade schools, consisting of five citizens not members of the school 
board, each of whom is experienced in one or more of the trades to be 
taught in the school or schools, to assist in the administration of the 
trade school or schools located in that city, which committee shall 
be appointed by the president of such school board with the approval 
of the majority of the board. 



270 SCHOOL LAWS OF WISCONSIN. 

Committee; term; authority. Such committee shall have au- 
thority, subject to the approval and ratification of the school board, 
to prepare courses of study, employ or dismiss instructors, purchase 
machinery, tools and supplies, and purchase or rent suitable grounds 
or buildings for the use of such trade schools. When any such com- 
mittee on trade schools is appointed, two of its original members 
shall be appointed for the term of one year, two for a term of 
two years, and one for a term of three years, and thereafter, as 
the terms of these members so appointed expire, their successors 
shall be appointed each for the term of three years. In case of any 
vacancy during the term of any member of said committee, said 
school board shall fill such vacancy by appointment for such unex- 
pired term, (1909 c 15J5) 

Fees; product may be sold. Section 926 — 27. Students at- 
tending any such trade school may be required to pay for all ma- 
terial consumed by them in their work in such school at cost prices 
or in lieu thereof the school board may establish a fixed sum to be 
paid by each student in each course which sum shall be sufficient to 
cover, as nearly as may be, the cost of the material to be consumed 
in such course; any manufactured articles made in such school may 
be disposed of at the discretion of the school board, and the pro- 
ceeds shall be paid into the trade school fund. (1901 c. 122) 

Tax levy for trade school fund. Section 926 — 28. Whenever 
any such school board shall have decided to establish a trade school 
or schools, or to take over one already established, under the pro- 
visions of this act, a tax, not exceeding three-tenths of a mill upon 
the dollar on the total assessed valuation of all property, 
real and personal, of such city, subject to taxation, shall be levied, 
upon the requisition of the school board, as other school taxes are 
levied in such city; the fund derived from such taxation shall be 
known as the trade school fund, shall be used in establishing and 
maintaining a trade school or trade schools in such city, shall not be 
diverted or used for any other purpose whatsoever, and may be dis- 
posed of and disbursed by the school board of such city in the same 
manner and pursuant to the same regulations governing the dis- 
position and disbursement of regular school funds by such boards. 
(1911 c. 101) 

Temporary transfer of money from school fund. Section 926 — 
29. Any school board desiring to avail itself of the provisions 
of this act, may, before the trade school fund herein provided 
for becomes available, establish, take over, equip and maintain a 
trade school or schools out of the regular school funds which 
may be at the disposal of such school board provided, however, that 



TRADE SCHOOLS. 271 

all moneys used for these purposes out of the regular school funds 
shall be refunded within three years from the trade school fund. 
(1901 C.122) 

Notice of establishment, etc. Section 926 — 30. 1. When the 
school board of any city of the second, third or fourth class, or the 
school board of any school district having within its limits such a 
city, shall determine to establish, take over, conduct or maintain 
such trade school, it shall publish notice of its intention so to do 
with a copy of the resolution or order expressing such determination 
once each week for four successive weeks in a newspaper published 
in said school district and shall take no further steps in said matter 
until the expiration of thirty days from the date of the first publi- 
cation. 

Petition to have question submitted to the people. 2. If within 
such thirty days there shall be filed with the clerk of such city a 
petition signed by a number of electors of the school district equal 
to twenty per centum of the number of votes cast in said city at the 
last municipal election praying that the question of the establish- 
ment, taking over, conduct and maintenance of such trade school 
shall be submitted to the vote of the electors of such school district, 
the city clerk shall at the earliest opportunity lay such petition 
before the common council. The common council shall thereupon 
at its next regular meeting by resolution or ordinance direct the 
city clerk to call a special election for the purpose of submitting 
such question to the electors of such city and school district. 

Special election; how noticed. 3. Such election shall be no- 
ticQjd and conducted and canvassed in accordance with the pro- 
visions of section 943, statutes of 1898. All electors within the 
territory constituting such school district, qualified to vote at any 
election pertaining to school district matters shall be entitled to 
vote. 

Outlying districts. 4. If any of said school districts shall be 
beyond the limits of such city, the city clerk shall immediately upon 
the passage of the resolution or ordinance by the city council order- 
ing such election, transmit a copy thereof to the clerk of the town 
or towns of which such territory is constituted. The clerk or clerks 
of said towns shall thereupon cause a notice of such election to be 
given and such election to be held and canvassed as provided in 
section 943. 

Results of election. 5. If a majority of the ballots cast in such 
school district shall be in favor of the establishment, taking over, 
conducting and maintenance of such trade schools, then such board 



272 SCHOOL LAWS OF WISCON&lN. 

shall proceed as heretofore provided, to establish, take over, conduct 
^nd maintain such trade school. But if a majority shall vote against 
such proposition to establish,' take over, conduct and maintain a 
trade school, the board shall take no further steps towards such 
end. 

If no petition is filefl. 6. If no petition to submit such proposi- 
tion to establish, take over or maintain a trade school to the vote 
of the electors shall be filed with the city clerk within thirty days 
after the publication of the notice of the determination of the school 
board to take such action, then such school board may proceed as 
hereinbefore provided without submitting such proposition to the 
electors of the district. (1907 c. 122) 

By this act eight new sections that relate to the establishment 
and maintenance of trade schools in the state of Wisconsin, are 
made a part of the school law. It practically emphasizes the 
manual training idea, but the purpose of the school so established 
is to produce skilled and trained workmen rather than to give 
any special or extended course in connection with academic work. 



THE CITY SUPERINTENDENT. 273 



THE CITY SUPERINTENDENT. 



Election; term; duties. Section 926 — 115. In all cities ex- 
cept cities of the first class, there may be elected by the board of 
education or the board of school commissioners, a city superintend- 
ent of schools for a term not to exceed three years, whose duties 
shall be: 

1. To examine and license teachers according to the statutes, 

2. To supervise the administration of the courses of study. 

3. To have general supervision of the professional work of the 
schools of the city, including the holding of teachers' meetings and 
the promotion of pupils. 

4. From time to time to make a written report to the board of 
education or board of school commissioners, as the case may be, 
embodying such recommendations relative to the employment of 
teachers, adoption of textbooks, changes in the course of study, 
enforcement of discipline, and such other matters as said superin- 
tendent may deem for the best interests and welfare of the city 
schools. 

5. To make such other reports and to perform such other duties 
as the board of education or board of school commissioners may 
direct and which are not in conflict with the provisions of this act. 
The board of education or the board of school commissioners shall 
determine the annual compensation to be paid said city superintend- 
ent of public schools from the school funds of the city. (1909 c. S6} 

Superintendent not to engage in other business. Section 926 — ■ 
116. This act shall apply to all cities, except those of the first class, 
in which the city superintendent of schools is elected or appointed 
by the board of education or the board of school commissioners, 
and no city superintendent of schools shall engage in any other 
profession or occupation or pursuit for such time or in such manner 
as shall interfere with the proper discharge of his duties as such 
superintendent during the term for which he is elected or appointed. 

Removal. A violation of any of the provisions of this section 
shall subject the offender to removal from office, provided that 
nothing in this act shall be construed to bar any superintendent of 
18— S. L. , 



274 SCHOOL LAWS OF WISCONSIN. 

schools from being principal of, or teaching in any school under his 
supervision, and no person shall be eligible to the office of city 
superintendent of schools whose legal qualifications are not equiva- 
lent to those required for the principalship of a free high school 
having a course of study requiring four years for its completion. 

City supeilntendent; secretary. Section 926 — 117. The board 
of education or board of school commissioners in all cities, except 
cities of the first class, shall annually choose one of their own num- 
ber to act as chairman and shall choose a secretary who may or may 
not be a member of the board. It shall be the duty of said secre- 
tary to be present at each board meeting; to keep in full in a book 
provided for that purpose, the minutes of such meeting and to 
perform any other clerical duties under the direction of the board 
at such compensation as the board may fix. It is further provided 
that said city superintendent of schools shall not be eligible to 
membership on the school board nor to act or be elected as president 
or chairman thereof. 

City superintendent to attend convention. Section 926 — 117m. 
It shall be the duty of each city superintendent to attend annually 
one convention called and held by the state superintendent for the 
purpose of consultation upon matters pertaining to the supervision 
and management of city schools. Each superintendent shall be re- 
imbursed his actual and necessary expenses incurred for travel, 
board and lodging because of attendance upon such convention such 
bills to be audited and allowed by the boards of education upon 
presentation of an itemized statement of expense accompanied by 
a certificate of attendance signed by the state superintendent. (1909 
c. 253) 



PUBLIC SCHOOLS IN CITIES. 275 



PUBLIC SCHOOLS IN CITIES. 



Common and high school boards; cities of the first class. Sec- 
tion 1. The public schools in every city of the first class, whether 
organized under general or special charter, shall be under the gen- 
eral management, control and supervision of a board of school di- 
rectors, consisting of fifteen members from the city-at-large, selected 
as provided in this act. No person holding any office in any political 
organization, or any lucrative city, county or state office other than 
a judicial office or that of a notary public, shall be eligible to be a 
member of such board of school directors. The members of every 
such board of school directors shall, before entering upon the duties 
of such office take and subscribe the oath of office prescribed in the 
constitution of this state, and shall file the same, duly certified by 
the officer administering the same, with the city clerk. 

Board; fifteen members. Section 2. The board of school di- 
rectors of cities of the first class in Wisconsin shall consist of 
fifteen members, who shall be qualified voters of such city, who shall 
be elected as hereinafter provided at a school election to be held 
biennially on the first Tuesday in April, the first regular election 
under this act to be held on the first Tuesday in April, 1909. The 
school election shall be held at the same time and place and under 
the charge of the same election officials as the election of judges or 
other officers held on the same date; but unless the voting is by 
voting machines, separate ballot boxes shall be provided to receive 
the ballots for members of the board or school directors, which 
ballots shall be prepared and supplied to the election officials in the 
same way as other ballots are provided and supplied for other elec- 
tions. At such school elections the candidates receiving the great- 
est number of votes for the several positions shall be declared elected. 

Members appointed. Section 3. Within five days after this act 
shall become effective in any city, the mayor, the city treasurer, the 
city comptroller, the city attorney and the president of the common 
council of such city, acting as a commission for such city, of which 
commission the secretary of the board of school directors or board 
of school commissioners, or of such board of education as such city 



276 SCHOOL LAWS OP WISCONSIN. 

may have, shall act as secretary, shall meet and appoint fifteen 
members of the board of school directors. 

Term of appointment. Five of the directors so appointed shall 
be appointed to serve from the first Tuesday of the month next fol- 
lowing their appointment until the first Tuesday of July next fol- 
lowing the first regular school election to be held in any city to 
which this act will apply; five of the directors so appointed shall 
be appointed to serve from the first Tuesday of the month next fol- 
lowing their appointment until the first Tuesday of July next fol- 
lowing the second regular school election to be held in any city 
to which this act will apply; and five from the first Tuesday of 
the month next following their appointment until the first Tuesday 
of July next following the third regular school election to be held 
in any city to which this act will apply; and at the school elections 
to be held on the first Tuesday in April preceding the expiration 
of the terms of those members so appointed, their successor shall 
be elected by the qualified voters of such city to serve for the term 
of six years or until their successors are elected and qualified. 

Special school election provided for. Within ninety days after 
such appointees shall have entered upon the duties of their office 
the common council of such city may by resolution concurred in 
by a majority of the members-elect thereof, provide for a special 
school election to be held in such city to elect successors to such ap- 
pointees; five of the directors so elected to be nominated and elect- 
ed to succeed the five directors appointed for the term expiring on 
the first Tuesday of July next following the first regular school 
election to be held in such city; five of the directors so nominated 
and elected to succeed the five directors appointed for the term 
expiring on the first Tuesday of July next following the second reg- 
ular school election in such city; and five of the directors so nom- 
inated and elected to succeed the five directors appointed for the 
term expiring on the first Tuesday of July next following the third 
regular school election in such city. 

Terms of office expire. The respective terms of office of such 
directors so elected at such special election shall terminate at the 
respective times when the terms of office of their predecessors 
would have terminated if no special school election had been called 
and held; in the event of such special school election in any city to 
which this act will apply, the terms of office of the directors-elect 
shall begin on the first Tuesday of the month next following such 
election. I 

Special election; how held and conducted. In the event such 
special school election be called by the common council of any city 



PUBLIC SCHOOLS IN CITIES. 277 

as hereinbefore provided, it shall be held at the polling places, in 
the manner and nnder the charge of the election officials, ballot 
clerks, inspectors, etc., as the regular school elections to be held 
under this act; and nominations for such special election shall be 
made and had in like manner as provided for the regular school 
elections under this act; provided, however, that no such reso- 
lution for the calling of a special election under this act shall be 
introduced except at a regular meeting of the council, and no ac- 
tion shall be taken thereon before the next regular meeting there- 
of, nor until such proposed resolution shall be published at least 
once in an official city paper, if there be one; and if there be 
none, in some newspaper to be designated by the council together 
with a notice of the time said resolution will be considered. 

Vacancies; liovv filled. All vacancies in the said board of school 
directors caused by death, resignation, removal, or resulting from 
any cause, shall be filled by the board, a majority of the remain- 
ing members being necessary to a choice. Members so elected by 
the board shall serve until the first Tuesday in July following the 
next school election, at which election the vacancies shall be filled 
for the unexpired term In the same manner as members are elected 
for the full term. 

Members to hold office until successors are qualified. Provided, 
that the members of boards of school directors or of such board 
of education as such city may have in office when this act becomes 
effective in such city, shall hold their offices until the time for newly 
appointed members to assume their duties as provided heretofore 
in this section or until their successors so appointed are qualified, 
and during such period shall continue to exercise all the rights and 
privileges and discharge the duties devolving upon members of the 
board of school directors under the provisions of this act. (1901 c. 
459) 

I'riniaiy election; candidates nominated at. Section 4. 1. Can- 
didates for members of the board of school directors shall be nomi- 
nated at a primary election which shall be held two weeks prior to 
the first Tuesday of April in each year in which members of the 
board of school directors are required to be elected. Except as other- 
wise provided in this section, the general law relating to nomination 
of candidates at city primary elections shall apply to and govern said 
primary election. 

Nomination papers; Iiow signed. 2. Nomination papers for can- 
didates for members of the board of school directors shall follow 
substantially the form prescribed by section 11-5 of the statutes 



278 SCHOOL LAWS OF WISCONSIN. - 

for the September primary, shall be designated as non-partisan, 
shall be signed by not less than five hundred qualified voters of the 
city, and shall be filed with the city clerk at least ten days prior to 
such primary. No elector shall sign nomination papers for more 
candidates for membership on said board than there shall be mem- 
bers to be elected at the ensuing election to be held on the first 
Tuesday in April. 

Ballot; how prepared. 3. The ofiicial ballot for said primary 
election shall be prepared by the city clerk and shall state the num- 
ber of candidates for each ofiice for which an elector is entitled to 
vote, and shall contain the names of all candidates who shall have 
filed suflBcieTit nomination papers. All such candidates shall be des- 
ignated as "For members of the board of school directors for the 
full term," or "For members of the board of school directors for two 
years, to fill vacancy," etc., and shall have no party or other desig- 
nation whatever. 

Ballot; how printed. The name of no other person shall be 
printed thereon, but the ballot shall be so prepared that an elector 
may vote for any other person for member of said board, if he so 
desires, by writing the name of such person thereon. The order 
in which the names shall be printed on the ballot shall be determin- 
ed by drawing lots by or under the supervision of the city clerk 
at his office at twelve o'clock meridian on the day immediately fol- 
lowing the last day for filing nomination papers. At such primary 
election each elector may vote for so many candidates only for mem- 
bers of said board as there shall be members to be elected to said 
board at the ensuing election. 

City clerk to prepare notice of election. 4. The city clerk shall 
forthwith prepare a notice of such election and shall cause one 
publication of the same to be given, and shall also post such notice 
in three public places in each election precinct in the city, such pub- 
lication and posting to be not less than five days before such elec- 
tion, but failure to give such notice shall not invalidate such elec- 
tion. 

Candidates and nominees. 5. Those candidates, equal in num- 
ber to twice the number of members of said board to be elected at 
the ensuing election to be held on the first Tuesday of April follow- 
ing, who shall receive the highest number of votes cast for candi- 
dates for members of the board of school directors at such primary 
election, shall be the nominees for such office, and their names and 
none other shall be placed upon the official ballot at said ensuing 
election. (1911 c. '5.) 



PUBLIC SCHOOLS IN CITIES. 279 

When board meets. Section 5. The board of school directors 
shall meet on the first Tuesday of the month following the first ap- 
pointment of its members, and in event of a special election, on the 
first Tuesday of the month following such special election, and there- 
after on the first Tuesday of July in each year, and organize by the 
election of the proper officers. A president shall be elected by 
said board from their own number to serve from one year or until 
his successor shall be chosen, and in his absence or during his disa- 
bility the board shall elect a president pro tempore. After his elec- 
tion the president shall appoint standing committees, to serve for 
one year. 

Vacancy; how declared. The seat of any member shall be 
declared vacant by the board and the vacancy shall be filled by them 
by election in the manner hereinbefore provided, if the said member 
has been absent for four successive meetings of the board without 
satisfactory reason presented by him in writing. 

Board may appoint. In case of the absence or inability, from 
any cause, of any officer appointed by said board to perform the du- 
ties of his office, said board may appoint some suitable person to act 
in his place and stead during his absence or inability; and such per- 
son shall have and possess the same power or authority as the offi- 
cer whose place he is appointed temporarily to fill. 

Members of board may be dismissed, etc. Section 6. The mem- 
bers of the board shall be' subject to all restrictions, liabilities, pun- 
ishments and limitations prescribed by law as to members of the 
common council in their city, and they shall be exempt from jury 
duty. A majority of all the members-elect of the board of school 
directors shall have power to dismiss from office for malfeasance in 
office in such city any member of the board of school directors, and 
the said board provide by resolution the manner of hearing and dis- 
posing of complaints against a member. 

Shall not contract indebtedness. The board shall not in any 
one year contract any debt or incur any expense greater than the 
amount of the school funds subject to its order as provided in this 
act. 

Quorum. A majority of the members of the board who have duly 
qualified shall constitute a quorum for the transaction of business 
but a smaller number may adjourn. A majority of the whole board 
shall be necessary to elect any officer authorized to be elected by 
said board. 



280 SCHOOL LAWS OP WISCONSIN. 

Regular meetings. Regular meetings of the board shall be held 
at least once each month, at stated times to be fixed and published 
by the board in its rules, and special meetings may be called and 
held as shall be provided by the rules of the board, at which no 
other business shall be transacted than that specified in the notifica- 
tion thereof, which shall be given personally or mailed to each mem- 
ber at least twenty-four hours before the time of such meeting. 

Additional schools to be provided. Section 7. The board of 
directors of each city in which this act shall be applicable is hereby 
authorized and required to establish and organize so many public 
schools, in addition to those already established in such city as may 
be necessary for the accommodation of the children of the city en- 
titled by the constitution and laws of the state, to instruction there- 
in. 

Powei's of board. The said board, as herein provided, shall 
erect, purchase, hire or lease buildings, improve or enlarge the same, 
and purchase furniture and lots for the accommodation of sugh 
public schools of said city and purchase, install and maintain heat- 
ing systems in said schools, and enter into contract for the carry- 
ing out of any of the purposes authorized in this act; provided, 
however, that when the board of directors shall contemplate the 
doing of any work or the purchasing of any material, the estimated 
cost of which shall exceed the sum of five hundred dollars, said 
board of directors shall advertise for proposals for doing the same, 
a plan or profile of the work to be done, accompanied with specifi- 
cations for doing the same, or other appropriate sufficient descrip- 
tion of the work required to be done, and all the kinds or quality 
of material to be furnished, being first placed on file in the ofiice 
of said board for the information of bidders and others. 

Advertisement for bids to be published. Such advertisement 
shall be published at least six days in the official papers of such city 
and shall state the work to be done and the time for doing the same, 
which shall in all cases be such reasonable time as may be nec- 
essary to enable the contractor with proper diligence to perform 
and complete such work. 

Proposals; how made. All proposals shall be sealed, and di- 
rected to said board and shall be accompanied with a bond to such 
city in the penal sum not less than thirty per cent of the amount 
of the board's estimate of the cost of such work, as such board 
in such advertisement may direct, and such board in letting any 
such contract and in doing such work shall proceed in manner and 



PUBLIC SCHOOLS IN CITIES. 281 

form and have the power and authority in manner and form as is 
vested in the board of public works, or other public officer or officers, 
of any such city for the doing of any public work and the enter- 
ing into contracts therefor. 

Jioard may reject proposals. Such board shall also have author- 
ity to reserve the right to reject any and all bids submitted. Such 
contracts shall run in the name of the said city, and shall be ex- 
ecuted and signed by the president and secretary of the board of 
school directors, countersigned by the comptroller of said city, and 
shall be approved, by the city attorney of the said city, as to fornv 
and execution. The selection of sites for school buildings, and 
adoption of plans for the erection of school buildings, shall be de- 
termined by a committee consisting of the president of the board of 
school directors, the chairman of the committee on buildings of 
said board of school directors and the superintendent of schools 
who shall be known as the statutory committee on school sites 
and plans. Their decision shall be subject to the approval of the 
said board of school directors. The schoolhouses now erected and 
the lots on which they are situated and the lots now or hereafter 
purchased for school purposes and the schoolhouses thereon erect- 
ed shall be the property of the city; no lot shall be purchased or 
leased, nor shall any schoolhouse be erected without resolution duly 
passed by the board of school directors. Deeds of conveyance and 
leases shall be made to the city. 

IJoundaries of school districts. The said board shall also have 
the power to establish and define from time to time the boundaries 
of all common and high school districts, in such manner as they 
may deem best calculated to promote the interests of the schools. 

Janitors. The board shall also have the power, subject to the 
powers and regulations of the city service commission, to employ 
all janitors necessary in the schoolhouses of their city and to fix 
their compensation, but the principal of each school shall be custo- 
dian of all buildings and rooms occupied by the school over .which 
he presides and shall have the general supervision over the same, 
and shall direct the janitor thereof in relation to the keeping and 
care of such buildings and rooms. 

Textbooks adopted. Section 8. The board of school directors 
shall have the power to adopt for use in the several public schools 
of any such city, suitable textbooks subject to the provisions of 
the next following section. 

Uniformity. Said textbooks shall be uniform in the various 

schools and when the board shall have adopted for use in the public 



282 SCHOOL LAWS OF WISCONSm. 

schools of any such city, any textbook or textbooks, the same shall 
not be changed by the board for five years next thereafter; and the 
board shall require that the system of instruction in the several 
schools under its control shall be as nearly uniform as possible, 
and shall adopt at its discretion, and modify or repeal, by-laws, 
rules and regulations for its own government, and for the organiza- 
tion, discipline and management of the public schools under its con- 
trol, and generally adopt such measures as shall promote the good 
order and public usefulness of said schools; provided, that such by- 
laws, rules and regulations shall not conflict with the constitution 
and laws of the state. 

Superintendent elected for three years. Section 9. The board 
of school directors shall elect by ballot at the regular meeting pre- 
ceding the expiration of the term of office of the superintendent of 
schools who is in the office when this act shall become effective, a 
person of suitable learning and experience in the art of instruction, 
and practical familiarity with the most approved methods of organ- 
izing and conducting a system of schools, for superintendent of 
schools, and said superintendent of schools shall hold his office un- 
til the first day of July- next following his election as herein pro- 
vided, and for three years thereafter, except in case of removal as 
herein provided, and each third year thereafter the said board shall 
elect at the first regular meeting in May, a superintendent of schools, 
as provided herein, who shall serve for the term of three years 
from tne first day of July next following his election. 

lowers and duties of superintendent. The superintendent of 
schools shall, under the direction of the board, have a general su- 
pervision of the public schools and of the teachers in the cities 
aforesaid and of the manner of conducting and grading of said 
schools. He shall appoint, subject to confirmation by the board, 
assistant superintendents and such other assistants and supervisors 
as may be authorized by the board. Such superintendent shall be 
an advisory member of every committee of the board, except at 
time when an inquiry into his acts or investigation of his official con- 
duct shall be under consideration by such committee. A committee 
consisting of the president of the board and four members of the 
board selected by the president, shall on a strict basis of eligibility 
and fitness, examine, certificate, employ, classify, transfer and pro- 
mote teachers. The action of such committee shall be subject to 
amendment, rejection or confirmation by the board. 

Committee on courses of study. The president of the board and 
four members of the board, to be selected by the president, shall 



PUBLIC SCHOOLS IN CITIES. 283 

constitute a committee to select and determine courses of study, 
for tlie schools, and textbooks to be used therein. The action of 
such committee shall be subject to amendment, rejection or contirma- 
tion by the board. 

Secretary; how appointed. Section 10. The board shall also 
appoint as a vacancy shall occur, some suitable person to act as 
secretary of the board, who shall receive a salary to be fixed by 
such board. It shall be his duty to attend the meeting of the' board, 
to keep a record of the proceedings, and a full and fair account of 
all receipts and expenditures of the board and to do and perform 
such other duties as shall be required of him by said board. 

Secretai'y to give bond. The secretary of the board shall, be- 
fore entering upon the duties of his office, execute a bond to the 
city for which he is appointed, in such form and penalty and with 
such conditions as the board shall prescribe, with sureties to be ap- 
proved by said board, which bond shall be filed with and kept in the 
office of the city clerk of said city, and the board may require securi- 
ty to be given for the faithful performance of his duties by any 
officer or employe of said board, in such form and amount as the 
board shall deem best, and may at any time require of any officer 
or employe additional bonds and sureties in its discretion. 

School census; how taken. The secretary of the board shall 
also take the annual enumeration of the children of school age in 
the city, required by law, and shall at the same time collect such 
further statistics and information relating to schools and to the pop- 
ulation entitled to school privileges in said city as may be directed 
and required by the board, and he shall receive for such service a 
compensation or fee of two cents per capita upon the entire enumer- 
ation. Qf persons between the ages of four and twenty, residing in 
said city, to be audited by the board and paid out of the funds pro- 
vided for the support of the schools. 

List of teachers to be filed. Section 11. It shall be the duty of 
the secretary of the board, within thirty days after the appointment 
of teachers and other salaried employes, to report to and file with the 
city comptroller or other auditing officer of the city, a duly certified 
list of teachers and employes so appointed and a statement of the 
time or times fixed for the payment thereof. He shall also, as often 
as any action by said board changing the salaries of any of the 
officers of said board, or of any such teachers or employes, or mak- 
ing a new election or appointment to any position entitling the per- 
son appointed to receive a stated salary immediately after such ac- 
tion is had, in like manner file with such comptroller or other audit- 



284 SCHOOL LAWS OF WISCONSIN. 

ing officer a certified list and statement of all such changes and ap- 
pointments. 

Claims to be audited. All claims and demands against the city 
or board, before they are allowed by the board, shall be audited and 
adjusted by the comptroller or other auditing officer of such city, im- 
mediately after the allowance by the board of any claim or account 
it shall be the duty of the secretary of the board to furnish to such 
comptroller or other officer a complete list of the same, together 
with- the proper voucher, stating the character of the material or 
service for which the same is rendered; and before a warrant shall 
be issued therefor it shall be the duty of such comptroller or other 
officer to sign the same. 

Secretary to file statements. And said secretary shall also make 
and file with the comptroller or other auditing officer quarterly 
statements of the condition of the fund for the support of schools 
and of the financial transactions of the board during the three 
months next preceding such statement. 

Secretary or superintendent may be removed. Section 12. The 
superintendent of schools, or the secretary of the board, may be re- 
moved from office for misdemeanor in office, incompetency or inat- 
tention to the duties of his office, by a vote of two-thirds of the 
board; provided that notice in writing of charges against him and 
of the time and place of hearing and acting upon the same shall be 
served upon the accused at least five days before the time of hearing 
and before any action shall be taken by the board thereon.' And the 
accused shall be heard by himself or counsel, and either party may 
procure witnesses, who shall be sworn by the president of the board 
and give testimony subject to the pains and penalties of perjury. 

High schools. Section 13. The board of school directors is 
hereby authorized and it shall be their duty, to maintain in the high 
schools now established in said cities, and to establish and maintain 
such other high schools as may from time to time be found necessary 
by them, and said board shall divide said city into high school dis- 
tricts" and said schools shall be opened to students residing within 
said districts. 

Control of high schools. Section 14. The high schools shall be 
public schools and as such under the same supervision and control 
in respect to location, buildings, leases, furniture, teachers, text- 
books and course of study, and all other matters as is provided 
hereinbefore in the case of common schools. 



PUBLIC SCHOOLS IN CITIES. 285 

High school course of study. Section 15. The course of study- 
in the high school shall be liberal, and shall embrace such studies 
as said board and the superintendent may deem proper, and the 
board shall have power to grant diplomas in testimony of scholar- 
ship and literary acquirements. (1901 c. J/oD) 

Board to report to coininon council. Section 16. 1. The said 
board shall report to the common council of edch city under this act, 
at or before the first meeting of the council in September in each 
year, the amount of money required for the next fiscal year for the 
support of all public schools in said city including high schools, and 
it shall be the duty of said common council to levy and collect a tax 
upon all the property subject to taxation in said city, at the same 
time and in the same manner as other taxes are levied and collected 
by law, which, together with the other funds provided by law, and 
placed at the disposal of said city for the same purpose, shall be 
equal to the amount of money so required by the said board of school 
directors for school purposes, as provided in this act. 

To report sum needed to ecjuip and erect buildings, etc. The 

said board shall also report to the common council, at the same time 
as above, the amount of money required for the next fiscal year for 
the repair and keeping in order of school buildings, fixtures and the 
repair of broken or worn out furniture, the making of material bet- 
terments to school property and the purchase of the necessary addi- 
tions to school sites, in accordance with the provisions of this act, 
and it shall be the duty of the said common council to levy and 
collect a tax upon all the real and personal property in said city, 
subject to taxation, at the same time a^d in the same manner as 
other taxes are levied and collected by law, which shall be equal 
to the amount of money so required by the said board of school 
directors for the said purpose, as provided in this act; provided, that 
the tax so levied upon each dollar of the assessed valuation of all 
property, real and personal, in said city, subject to taxation, shall 
not in any one year, exceed two and seven-tenths (2.7) mills, upon 
the dollar of the total assessed valuation of all property, real and 
personal, in such city, subject to taxation, for the support of all 
schools, and three-tenths of a mill upon the dollar of the total 
assessed value of all property, real and personal, in such city, subject 
to taxation, for the repair and keeping in order of school buildings, 
fixtures, grounds and fences, the purchase of school furniture and 
the repair of broken and worn out furniture, the making of material 
betterments to school property and the purchase of necessary addi- 
tions to school sites, and the said taxes for the purpose named in 
this section shall be in addition to the ten (10) mill tax provided 
for by law for other city purposes. 



,286 SCHOOL LAWS OF WISCONSIN. 

School tax; how used. The said tax and the entire school fund 
of the city shall not be used or appropriated, directly or indirectly, 
for any other purpose than the payment of the salaries of the super- 
intendent of schools and his legally authorized assistants, the secre- 
tary of the school board, and legally qualified teachers whose ap- 
pointment is confirmed by said board and such employees as the 
board may deem necessary, the necessary and current expenses of 
the schools, including the purchase of school supplies, apparatus, 
fuel, gas, electricity or electrical power, and such other school pur- 
chases and purposes as may be required for the proper maintenance 
and administration of the schools. 

Moneys; how disbursed. 2. All moneys received by or raised 
in such city for school purposes shall be paid over to the city treas- 
urer, to be disbursed by him on the orders of the president and 
secretary of said board, countersigned by the city comptroller; pro- 
vided, that the president, instead of signing each order, may certify 
upon the pay rolls furnished by the secretary to the comptroller to 
the fact that the amounts therein are correct as allowed by said 
board. Provided, that the board of school directors may provide 
by resolution for the payment of all persons employed by said board 
in the service of the city upon monthly pay rolls, and the manner in 
which the same shall be certified, audited and approved and payment 
made thereon, and such pay rolls shall in all cases be certified by the 
president and secretary and finance committee of said board of 
school directors, and countersigned by the city comptroller of such 
city. (1911 c. 97) 

Tax levy for new buildings. Section 17. Whenever the board 
of school directors shall deem it necessary to erect new buildings 
or additions to old buildings, or to purchase school sites, they shall 
by a two-thirds vote of the members, send a communication to the 
common council of said city, at or before the first meeting of the 
council in November in each year, stating the amount of funds so 
needed and the purposes for which it is proposed to use the said 
funds, and requesting the said common council to submit to the 
voters of said city at the next election of any sort to be held in 
said city the question of issuing the school bonds of said city in the 
amount and for the purpose or purposes named; and upon receipt 
of such request from the board of school directors it shall be and 
is hereby made the duty of the' said common council to cause the 
question of the issuance of the said bonds for the said school pur- 
poses to be submitted to the voters of the said city at the next 
regular, special or other election held in the said city. 



PUBLIC SCHOOLS IN CITIES. 287 

Bond issue; how submitted. The question of the issuance of 
the said school bonds shall be submitted upon a separate ballot, or 
in some other manner so that the vote upon the issuance of said 
school bonds shall be taken separately from any other question sub- 
mitted to the voters at the same election, and if a majority of the 
votes cast upon such bond proposition shall be in favor of the 
issuance of said bonds, then the common council of said city shall 
cause such school bonds to be issued forthwith in the same manner 
as other bonds which have been properly authorized are issued, 
and the proper officials of the said city shall sell or dispose of the 
said bonds in the same manner as other bonds are disposed of and 
the entire proceeds of the same shall be placed in the city treasury, 
subject to the order of the said board of school directors, for the 
purposes named in the request for the issuance of the said bonds. 

Rate of interest. Said school bonds shall not bear a greater 
rate of interest than four per cent per annum, and shall be payable in 
twenty years from the date of their issue, one-twentieth of the prin- 
cipal to be payable each year, and the said common council is hereby 
authorized and it is made their duty to levy and collect a tax upon 
all property, real and personal, in the said city subject to taxation, 
in the same manner and at the same time as other taxes are levied 
and collected, which shall be sufficient to pay the interest on all 
school bonds outstanding, issued under the provisions of this act, 
and to pay such part of the principal of such school bonds so issued 
as becomes due and payable during the next fiscal year. 

Amount of bonds. The amount of such school bonds outstand- 
ing at any one time shall not be greater than one per cent of the 
total assessed valuation of all property, real and personal, in the 
said city subject to taxation, and the tax levied to pay the interest 
on and the principal of the school bonds shall be in addition to the 
tax levied for general purposes upon all taxable property of said 
city. fi909 c. 2S1) 

Board governed by school laws of Wisconsin. Section 18. The 
board shall be governed in all things by the school laws of the state, 
except as they are altered or modified by this act. 

Report to common council and the state superintendent. They 
shall report to the common council annually the general proceedings 
and acts of said board, the number and condition of the public 
schools kept in said cities during the year, and the time they have 
severally been taught, the number and names of teachers; the num- 
ber of children taught in said schools respectively; the result of 
the annual enumeration required by law; the extent of school ac- 



288 SCHOOL LAWS OF WISCONSIN. 

commodations in the several schools; the amount of school money 
raised or received during the year; distinguishing the amount re- 
ceived from the state fund, from the amounts derived from taxes 
levied by the county board of supervisors and by the common council 
respectively; and the amounts allowed by them against the school 
fund in detail, together with such other information as they may 
deem useful, or as the common council may require. A copy of 
said report shall be transmitted to the state superintendent of public 
instruction, and a like copy to the librarian of the state historical 
society in Madison. 

Members of board shall have no financial interest in school trans- 
actions. Section 19. No member of the board of school directors, 
superintendent, assistant superintendent, secretary of the board, 
other assistant, teacher of any common school or high school, or 
janitor or other employe of the board, shall be in any wise interested 
in any purchase or sale of any real or personal property by the city 
for the use' or convenience of any of the schools, and no such contract 
made in violation of this provision shall be valid, and any considera- 
tion paid by the city upon any such purchase or sale herein pro- 
hibited, may be recovered in an action at law in the name of the 
city aggrieved thereby, and any person so offending against the 
provisions of this act shall be removed from any position held by 
him under this act. 

Puiipose of this act. Section 20. This act is not intended to 
affect the term of office of any person now serving in any capacity 
by virtue of an appointment heretofore made by the school board in 
any such city, but such officer shall continue to serve in the same 
capacity under the board of school directors hereby created for the 
term of which he was so appointed; subject, nevertheless, to be re- 
moved from such office for the causes and in the. manner mentioned 
in this act. Any vacancy for any cause occurring in any office subject 
to the provisions of this act, shall be filled by appointment for the 
unexpired term. 

Kifect of this act. Section 21. This act is amendatory of the 

charters of the various cities to which it applies or may hereafter 

become applicable, and any provision of said charters inconsistent 

herewith is hereby modified, amended or repealed by this act to the 

extent necessary to give full force and effect to the intent hereof. 

(WOl c. Ji5D) 

It must be understood that the provisions of this act apply only 
to cities of the first class, that is, to the city of Milwaukee. 

Board may employ an attorney. Section 1. Whenever the 
gchpol board of any city of the first class, whether incorporated 



REMOVAL OP COUNTY SUPERINTENDENT. 289 

under general or special law, shall have heretofore, without author- 
ity, engaged an attorney to assist the city attorney in the prosecu- 
tion of any matter involving the legal existence of said board, upon 
request of the city attorney, said employment, if ratified by a major- 
ity of all the members elect of said board shall be legal and binding, 
and payment for said employment may thereafter be made by any 
such board. (J 911 c. 5J)2) 

Common council may make a loan to create an insurance fund. 

Section 1. Hereafter the common council of any city of the first 
class shall have authority, upon request of the board of school direct- 
ors, to negotiate and make a loan in such amount as the board of 
school directors shall request, for the purpose of making good any 
loss or damage occasioned by the burning or destruction of school 
buildings. The interest on said loan shall not exceed six per cent 
per annum. The board of school directors to discharge such debt 
in such sums per annum as may be agreed at the time of requesting 
such loan, out of any funds at the disposal of the board of school 
directors. Such loan shall create no liability against the city, but 
shall be secured by school property only. (1911 c. 029) 

Removal of county superintendent. Section 975. The judge of 
the circuit court may, in term time or vacation, by an order specify- 
ing the cause thereof, a copy of which he shall certify to the county 
clerk, remove any county superintendent of schools in his circuit 
for incompetency, wilful neglect of duty or for acting as agent for 
or receiving any fee or reward from any author, publisher, book- 
seller or dealer in school books, maps or charts or school library 
books or school furniture or apparatus. Such removal shall be made 
only upon a petition setting forth fully the charges preferred against 
him, and after a copy thereof, with a notice attached, stating the 
time and place when and where such petition will be presented to 
such judge, shall have been personally served upon such superin- 
tendent at least thirty days before the hearing, and an opportunity 
given him to be heard. The testimony shall be taken and tho 
proceedings conducted summarily under such reasonable regulations 
as the judge shall prescribe. 

Common school fund. Section 1072a. There is appropriated 
annually to the common school fund income an amount equal to 
seven-tenths of one mill for each dollar of the assessed valuation of 
the taxable property in the state, as determined by a State Boa d of 
Assessment, exclusive of the property of corporations which pay li- 
cense fees, or which are assessed for taxation by a state board of 
assessment, to be derived annually as follows: two hundred thousand 
dollars from the license fees, or taxes paid by said corporations, and 
' 19— S. L. 



290 SCHOOL LAWS OP WISCONSIN. 

the balance from a tax which shall be levied on all other taxable 
property. The appropriation hereby made shall be taken from the 
license fees and taxes aforesaid accruing to the state in the month 
of February in each year, and the amount thereof shall be disbursed 
in the manner and under the conditions and restrictions provided 
for disbursements of the common school fund income. (1903 c. SIS) 

School fund apportionmeiit. Section 1072b. The state super- 
intendent shall apportion the school moneys each county will be 
entitled to receive under the provisions of this section between the 
10th and 15th days of December in each year, and certify the ap- 
portionment so made to the secretary of state and state treasurer, 
and he shall, at the same time, certify to each county clerk and 
county treasurer the amount of said tax to which each town, city 
and village in their respective counties is entitled. Upon receiving 
such apportionment the secretary of state shall immediately inform 
the county clerk and the county treasurer of the amount of state 
school tax such county will be required to levy and the amount it 
will be entitled to receive in return as its portion of the school fund 
accruing under the provisions of this section. 

Taxes; how paid to state treasurer. At the same time that 
taxes levied for other state purposes are now required to be paid into 
the state treasury each county treasurer shall pay over to the state 
treasurer the school moneys arising under the provisions of this 
section in excess of the amount such county is entitled to receive in 
return as its portion of the state school tax. But if a larger amount 
shall be due any county than such county is required to pay, the state 
treasurer shall pay to the treasurer of such county, at the time of 
the payment of the state tax assessed against the county, the amount 
due the county in excess of the state school tax levied upon it. The 
treasurer shall, at the time of making a settlement between the state 
and any county on account of any state school tax levied upon the 
county, exchange receipts showing that the full amount assessed 
against the county as a state school tax has been accounted for to the 
state, and, in turn, that the amount due the county on account of a 
state school tax has been accounted for to the county by the state 
treasurer; and within ten days from such settlement the several 
county treasurers shall pay over to the several town, city and village 
treasurers the; amount to which they are respectively entitled by the 
apportionment made by the state superintendent. It is hereby de- 
clared to be the true intent and meaning of this section to provide 
for an earlier distribution to the counties of the moneys collected 
as a state school tax and that only the balance that may be due any 
pounty or the state, as the case may be, shaU bp paid in mpnpy at 



CONTAGIOUS DISEASES. 291 

the time of settling accounts between the county and the state, in so 
far as they relate to the state school tax. (1003 c. SIS) 

Contagious disease; schoolhouse to be cleaned. Section 1408a. 
Upon the appearance of any dangerous communicable disease in any 
school district, it shall be the duty of the health officer of the town- 
ship, incorporated village, or city where the schoolhouse is located to 
notify at once, in writing, the principal or teacher of such school, 
giving the names of all families where the disease exists. If the 
rules of the state board of health provide for the exclusion from 
school of teachers, or pupils from homes where such disease exists, 
the health officer shall request the principal of the school to exclude 
front school attendance all such persons until a written order signed 
by the health officer permitting attendance at school is presented. 

Whenever the principal or teacher of the school has been notified 
of the prevalance of a dangerous communicable disease in the school 
district, or whenever the principal or teacher of the school knows or 
suspects that a dangerous communicable disease is present in the 
school district, it shall be the duty of such principal to at once notify 
the health officer of the town, village, or city where the schoolhouse 
is located, of such absence from school on account of sickness. The 
health officer must then investigate all such cases, to determine 
whether or not a dangerous communicable disease is present in such 
family. (1911 c. -'/J,) 

Section 1408b. Parents, guardians, or persons having custody ot 
any child or children, shall not permit such child or children, if 
affi-icted with a dangerous communicable disease, or if they have been 
exposed to a dangerous communicable disease, except tuberculosis 
and typhoid fever, to attend any school. (1911 c. Jf-'t) 

Cleaning and disinfecting of schoolhouses. Section 1408c. All 
schoolhouses, before school opens at the beginning of each school 
term, shall be thoroughly cleaned and after the outbreak in such 
school of any contagious disease, shall be thoroughly cleaned and 
disinfected as provided by the state board of health in its rules and 
regulations for the fumigation and disinfection of homes, or other 
buildings. All schoolhouses, homes, and other buildings requiring 
disinfection shall be disinfected by or under the direction of the local 
health officer, and the expenses necessarily incurred shall be paid for 
by the township, incorporated village, or city upon the order of the 
local board of health. (1911 c. U) 

Section 1408d. Neglect or refusal on the part of any principal or 
teacher to comply with the requirements of this law shall be consid- 
ered sufficient cause for dismissal from school by the school board. 
(1911 c.Jf/fJ 



292 SCHOOL LAWS OF WISCONSIN. 

Smallpox; control of in school districts. Section 1413 1. To 
prevent the spread of smallpox the local board of health of any city, 
incorporated village or town when the disease is present in any 
school district or part thereof, which is included in such city, incor- 
porated village or town, shall prohibit the attendance at school in 
any such district or part thereof for a period of twenty-five days, 
after the appearance of smallpox, of any and all pupils and teachers, 
who have not been successfully vaccinated or who fail to show a 
certificate of recent vaccination. (1901 c. 113) 

Order renewed. Section 1413m. Should new cases of small- 
pox continue to develop in such school district or part thereof, after 
the expiration of twenty-five days, the local board of health stiall, 
upon the advice and consent of the state board of health, renew 
such order for another period of twenty-five days, or so many days 
thereof as the state board of health may deem necessary, in order 
to control the. epidemic. (1901 c. US) 

Section 1413n. If the parents or guardian of any child or child- 
ren are unable to pay for such vaccination the expense thereof shall, 
upon the recommendation of the local board of health, be paid for by 
the city, village or town in which such expense is necessarily incur- 
red. The local board may provide for the free vaccination of all child- 
ren in any school district or part thereof during an epidemic of 
smallpox whenever in its judgment such action is required. The 
necessary expense thereof to be paid by the city, incorporated vil- 
lage or town upon the order of the local board of health. (1901 c. 
113) 

This is another chapter that, while it does not apply directly to 
the educational interests, will nevertheless be of large interest to 
the general public. For this reason it is given a place in this 
compilation. 

Sale of liquor within 300 feet of school prohibited in certain 
cases. Section 1548. 5. From and after June 30, 1905, anything 
contained in any city charter to the contrary notwithstanding, no 
such (liquor) license shall be granted to any person or persons for 
the sale of any such liquors in any building, booth, or other place for 
which a license is not in force on the 30th day of June, 1905, within 
a distance of 300 feet of any public or permanently established 
parochial school grounds, said distance to be measured upon the 
streets from the boundaries of the school grounds. 

Remonstrance. Whenever after January 1st, 1908,' a list of all 
the parents and lawful guardians of the children enrolled as pupils 
of any public school or permanently established parochial school, 
together with a remonstrance in writing sig^ed and acknowledged 



SMALLPOX— SALE OF LIQUOR. 293 

before a notary public by a majority of such parents and lawful 
guardians, is filed with the city, village or town clerk, as the case 
may be, describing certain premises for which a license had previous- 
ly been issued within 300 feet of the grounds of said public or 
parochial school, (the distance to be measured as aforesaid) and 
demanding that no license be granted for the sale of intoxicating 
liquors on such premises, no such license shall thereafter be' granted 
to any person for the sale of such liquors on such premises. 



294 SCHOOL LAWS OP WISCONSIK. 



THE CHILD LABOR LAW. 



Permits required for children between the ages of 14 and 16 
years. Section 172 8a. 1. No child between the ages of fourteen 
and sixteen years shall be employed, required, suffered or permitted 
to work at any time in any factory or workshop, store, hotel, restau- 
rant, bakery, mercantile establishment, laundry, telegraph, telephone 
or public messenger service, or the delivery of any merchandise or 
at any gainful occupation, or employment, directly or indirectly, un- 
less there is first obtained from the commissioner of labor, state 
factory inspector or any assistant factory inspector or from the 
judge of the county court or municipal court, from the judge of a 
juvenile court where such child resides, a written permit authorizing 
the employment of such child within such time or times as the said 
commissioner of labor, state factory inspector, any assistant factory 
inspector, county judge, municipal judge, or judge of a juvenile 
court may fix; providing, that such times shall not conflict with 
those designated in subsection 1, of section 1728c, and that no officer 
herein mentioned shall have power to delegate the duty of granting 
permits to any subordinate officer or other person. 

Occupation forbidden to children under 16 years of age. 2. No 
child under the age of sixteen years shall be employed, required, 
suffered or permitted to work at adjusting any belt or in oiling or 
assisting in oiling, wiping or cleaning any machinery when the same 
is in motion or in operating or in assisting in operating or taking 
material from any circular or handsaw, or any crosscut saw or 
slasher or other cutting or pressing machine, from which material is 
taken from behind, wood-shaper, wood-jointer, planer, sandpaper or 
wood-polishing machine, picker machine, carding machine or ma- 
chines used in picking wool, cotton, hair or any upholstering ma^ 
terial, cylinder or job presses, dough brakes or cracker machinery 
of any description, laundry machinery, emery or polishing wheel for 
polishing metal or wood, turning machine or stamping machine in 
sheet metal and tinware manufacturing, or boring or drill presses or 
stamping machine in washer and nut factory, stamping machine in 
lace, paper and leather manufacturing, corrugating rolls in roofing 



THE CHILD LABOR LAW. 295 

or washboard factories, burnishing machines in any tannery or leath- 
er manufactory, wire or iron straightening machinery, rolling mill 
machinery, punchers or shears or washing, grinding or mixing mill 
of calendar rolls in rubber manufacturing, nor shall any such child 
be employed at or assist in sewing belts in any capacity, or in the 
manufacture of paints, colors or white lead, or in the manufacture of 
any composition in which dangerous or poisonous acids are used, or 
occupation causing dust, in injurious quantities, or in the manufac- 
ture or preparing of compositions of dangerous or poisonous dyes, or 
in the manufacture or preparing of compositions with dangerous or 
poisonous gases, or in the manufacture or preparation of composi- 
tions of lye, or in which the quantity thereof is injurious to health, 
or on scaffolding or on a ladder or in heavy work in the building 
trades, or in the manufacture of any goods for immoral purposes, nor 
in any tobacco warehouse, cigar or other factory where tobacco is 
manufactured or prepared or as pin boys in bowling alleys, or in any 
theater or concert hall, or in operating any steam boiler or steam 
generating apparatus, or in any other employment dangerous to life 
or limb, injurious to the health or depraving to the morals of such 
child; nor shall any female child under sixteen years of age be 
employed in any capacity where such employment compels her to 
remain standing constantly. 

Children under 14 years of age. 3. No child under the age of 
fourteen years shall be employed, required, suffered or permitted to 
work at any time in any factory, manufacturing establishment or 
workshop, store, hotel, restaurant or bakery, mercantile establish- 
ment, laundry, telegraph, telephone or public messenger service, de- 
livery or merchandise or at any gainful occupation or employment, 
directly or indirectly, except as provided in this section. 

Children between 12 and 14 years of age during vacation period. 

4. No child under the age of fourteen years shall be employed, re- 
quired, permitted or suffered to work at any gainful occupation or 
employment at any time except that during the vacation of the public 
or equivalent school in the town, district or city where any child 
between the ages of twelve and fourteen years resides, it may be em- 
ployed in any store, office, mercantile establishment, warehouse, tele- 
graph, telephone or public messenger service in the town, district 
or city where it resides and not elsewhere; provided, that it shall 
have first obtained a permit in the same manner and under the same 
ccnditions set forth for employment during the regular session of the 
school, except that for such vacation permit no proof of educational 
qualification shall be necessary. (1911 c. Jfi9) 



296 SCHOOL LAWS OF WISCONSIN. 

Cliildren under 16 years of age; musical, circus and theatrical 
performances. Section 1728a — 1. No child under sixteen years 
of age shall be employed, required, suffered or permitted to play on 
any musical instrument, or to sing or perform in a circus, theatrical 
or musical exhibition, concert or festival, or in any public place, un- 
less there is first obtained from the commissioner of labor, state 
factory inspector, or assistant factory'inspector, county judge, munic- 
ipal judge or the judge of a juvenile court where the child resides, 
if such child is a resident of this state, and by a county judge, 
municipal judge, or judge of a juvenile court of this state if such 
child is not a resident of the state, a written permit authorizing the 
appearance of such child at such places, at times as the said com- 
missioner of labor, state factory inspector or any assistant factory 
inspector, county judge, municipal judge or judge of a juvenile court 
may fix; provided, that it appears to the satisfaction of such commis- 
sioner of labor, state factory inspector or any assistant factory in- 
spector, county judge, municipal judge or judge of a juvenile court 
that the appearance of such child shall not be detrimental to its mor- 
als, health, safety, welfare or opportunities for education equiva- 
lent to that of the common schools; provided, also, that a child under 
fourteen years of age shall be accompanied by a parent or guardian, 
approved by the said commissioner of labor, state factory inspector 
or any assistant factory inspector, county judge, municipal judge 
or judge of a juvenile court. But the provisions of this section shall 
not prevent the education of children in music or their employment 
as musicians, or participants, in a church, chapel, school or school 
exhibition, or any home talent exhibition given by people of the 
local community. 

No children under 16 years of age to be permitted to work in 
saloons, etc. Section 1728a — 2. No child under 16 years of age 
shall be employed, permitted or suffered to work in or about any 
store, brewery, distillery, bottling establishment, hotel, barroom, 
saloon, saloon dining room or restaurant, or any place in connection 
with a saloon or similar place of any name, or in or about any dance 
hall, bowling alley, pool room, beer garden or similar place of any 
name in which strong, spirituous or malt liquors are made, bottled, 
sold or given away. 

Permits, details of. Section 1728a — 3. 1. The permit required 
by section 1728a of the statutes shall state the name, the date and 
place of birth of the' child, and describe the color of hair and eyes, 
the height and weight, and any distinguishing facial marks of such 
child, and that the papers required in subsection 2 hereof have been 
duly examined, approved and filed. 



THE CHILD LABOR LAW. 207 

Papers to bo filed before permits are issued. 2. The following 
evidence records and papers shall be filed before such permit is 
issued: 

Age of child. (1) Evidence showing that such child is fourteen 
years of age in one of the following forms: 

(a) A duly attested transcript of the birth certificate, filed as 
prescribed by law with the register of vital statistics, or other officer 
charged with the duty of recording births. 

(b) A certificate of a person in charge of a public school in the 
state or elsewhere, having a course of not less than eight years, or 
of a school in the state other than a public school, having a substan- 
tially equivalent course of study of not less than eight years' dura^ 
tion, in which school a record of the attendance of such child has 
been kept, showing that such child is a graduate of such school, and 
that according to the records kept in such school, such child is at 
least fourteen years of age; or 

(c) A passport or a duly attested transcript of a certificate of 
baptism, showing the date and place of baptism of such child. 

(d) If such proof does not exist or cannot be secured as pro- 
vided in subdivisions (a), (b) or (c), of subdivision (1) hereof, 
then such proof as may be satisfactory to the official issuing such 
permit may be filed in lieu thereof. 

Scholarship. (2) A certificate of the superintendent of schools 
or the principal of the school last attended by the child, or, In the 
absence of both of the aforementioned persons, a certificate of the 
clerk of the school board, showing that such child is more than four- 
teen years of age, and stating also the date of the birth of such child, 
and the number of years it has attended school. Such certificate shall 
contain the further statement that such child has attended the public 
school, or some other school having a substantially equivalent 
course, as required by law, within the twelve months next preceding 
the date of such certificate, or next preceding the fourteenth birth- 
day of such child; that such child is able to read and write simple 
sentences in the English language, and is familiar with the funda- 
mental operations in arithmetic up to and including fractions, and 
that it has received during such one-year period, instruction in 
spelling, reading, writing, English grammar and geography; or in 
lieu of such statement relative to its educational attainments, that 
such child has passed successfully the fifth grade in the public 
school, or in some school having a substantially equivalent course, 
or that it has attended school for at least seven years. It shall be 
the duty of such superintendent, principal or clerk to issue certifi- 
cate upon receipt of any application in behalf of any child entitled 
thereto. 



298 SCHOOL LAWS OF WISCONSIN. 

Place of employment. (3) A letter written on such regular 
letter head or other business paper used by the person, stating the 
intention of such person, firm or corporation to employ such child, 
and signed by such person, firm or corporation, or by some one' duly 
authorized by them. (1911 c. Jfl9) 

Who may make complaint. Section 1728a — 4. 1. For the pur- 
poses of this act the commissioner of labor, factory inspector, any 
assistant factory inspector, truant officer, any police officer or any 
private citizen may make complaint of the violation of any provision 
of sections 1728a to 1728j, inclusive. 

Commissioner of labor to investigate. 2. When complaint is 
made by truant officer, police officer or any private citizen to the 
commissioner of labor, state factory inspector or any assistant fac- 
tory inspector, the commissioner of labor shall investigate or cause 
to be investigated such complaint, and if pursuant to any such 
investigation, a violation of any of the provisions of sections 1728a 
to 1728J, inclusive, shall be found, the commissioner of labor shall 
prosecute or cause to be prosecuted any such violation. (1911 c. 479) 

Restrictions relating to the employment of minors in cities above 
10,000. Section 1728a — 5. In cities of the first, second or 
third class no person under the age of twenty-one years shall be 
employed or permitted to work as a messenger for a telegraph or 
messenger company in the distribution, transmission or delivery of 
messages or goods before six o'clock in the morning and after eight 
o'clock in the evening of any day. (1911 c. 479) 

Employers to report; keep permits on file and post lists. Section 
1728a — 6. 1. Every person, firm or corporation, agent or manager 
of any firm or corporation, employing minors in any factory or work- 
shop, store, office, hotel, mercantile establishment, laundry, tele- 
graph, telephone or public messenger service within this state in ad- 
dition to filing the certificate of intention to employ with the 
commissioner of labor, state factory inspector or any assistant 
factory inspector, shall file with the officer signing such per- 
mit, a statement of actual employment of such minor, the date 
of employment, and that the necessary permit has been duly re- 
ceived and filed, shall keep said permits on file in the same place 
where such minor is employed, and subject at all times to the in- 
spection of the commissioner of labor, state factory inspector or as- 
sistant factory inspector, and shall post a list of said employes with 
said information at or near the principal entrance to the factory, 
or other building where such children are employed. It is further 
provided that upon the termination of employment of any minor, 



THE CHILD LABOR LAW. 299 

said employer shall return within twenty-four hours the permit 
for employment of such minor to the person and place, designated 
by the commissioner of labor, with a statement of reasons for the 
termination of said employment. 

Employers to file statement; places of eMployment to be inspect- 
ed. 2. Every person, firm or corporation, desiring to become the 
employer of children under the age of eighteen years, shall file with 
the commissioner of labor a statement of this fact, in order that 
a special inspection of his factory, workshop, bowling alley, store, 
hotel or mercantile establishment, restaurant, bakery, laundry, 
telegraph, telephone or public messenger service may be made or 
caused to be made by the commissioner of labor. 

Section 3. Subdivisions 5 and 6, of section 1728a, of the statutes, 

are repealed. (1911 c. J/79J 

The provisions of these two subdivisions are covered by other 
sections of the new law. 

Permit and illiteracy. Section 1728a. — 11. No person shall em- 
ploy a minor over fourteen years of age in any city, village or town 
in which a public evening school or continuation school, for the 
industry in which the minor is to work, is maintained, unless he 
receives and places on file a written permit issued by the commis- 
sioner of labor, state factory inspector, or any assistant factory in- 
spector, or from the judge of a juvenile court where such child 
resides, authorizing the employment of the minor, as provided in 
section 1728b of the statutes, and certifying either to his ability to 
read at sight and w^rite legibly simple sentences in the English lan- 
guage, or that he is a regular attendant at the public evening school 
or continuation school. 

Certificate of scholarship required. Section 1728a — 12. No 
parent, guardian or custodian shall permit a minor over fourteen 
years of age who has not the certificate referred to in section 
1728a — 11 to be employed. 

Record of attendance to be filed with permit. Section 1728a — • 
13. Any minor over fourteen years of age, required by section 
1728a — 11 to attend an evening school or continuation school, shall 
furnish to his employer each week during its session a record show- 
ing that he is a regular attendant at the evening school or continu- 
ation school. The employer shall file all records of attendance with 
the minor's permit to work, and no minor, subject to sections 1728a — 
11 to 1728a — 17, inclusive, shall be employed unless the records of 
attendance or absence for valid cause during the previous week be 
on file. 



300 SCHOOL LAWS OF WISCONSfN. 

Physicians certificate; may excuse. Section 1728a — 14. Upon 
presentation by a minor of a certificate signed by a registered prac- 
ticing physician, showing that his physical condition, or the distance 
necessary to be traveled, would render the required school attend- 
ance, in addition to his daily labor, prejudicial to his health, the 
commissioner of labor, state factory inspector or any assistant fac- 
tory inspector, may issue a permit authorizing his employment for 
such period as he may determine. 

Peraiit does not excuse. Section 1728a — 15. No permit issued 
under section 1728a shall excuse any minor from attendance at even- 
ing school, or evening continuation school. 

Section 1728a — 16. Any person, firm or corporation, agent or 
manager of any corporation, who whether for himself or for such 
firm or corporation, or by himself or through agents, servants or 
foremen, shall violate or fail to comply with any of the provisions 
of sections 1728a — 11 to 1728a — 14, inclusive, of the statutes, shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not less than ten nor more than one hundred dollars 
for each offense. Any corporation which by its agents, officers or 
servants shall violate or fail to comply with any of the above pro- 
visions of this act shall be liable to the same penalty which may be 
recovered against such corporation in action for debt or assumpsit, 
brought before any court of competent jurisdiction. 

Penalty. Section 1728a — 17. Any parent or guardian who 
suffers or permits a minor to be employed, or suffered or permitted 
to work in violation of sections 1728a — 12 and 1728a — 13 of the 
statutes, shall be guilty of a misdemeanor, and upon conviction 
thereof, shall be fined not less than five nor more than twenty-five 
dollars. (1911 c. ■522; Am. 1911 c. 664 s. 126) 

Employers of minors to keep register of employes under 16 years 
of age. Section 1728b. 1. Every person, firm or corporation, 
agent or manager of any firm or corporation employing minors in 
any factory or workshop, store, office, hotel, restaurant, bakery, 
mercantile establishment, laundry, telegraph, telephone or public 
messenger service within this state shall keep a register in the 
place where such minor is employed and subject at all times to the 
inspection of any factory inspector, or assistant factory inspector, 
or truant officer, in which register shall be recorded the name, age, 
date of birth and place of residence, of every child employed, per- 
mitted or suffered to work therein, under the age of sixteen years. 

Children under 16 years cannot be employed without permits. 

2, No person, firm or corporation, agent or manager of any firm pr 



THE CHILD LABOR LAW. 301 

corporation shall hire or employ, permit or suffer to work in any 
mercantile establishment, factory or workshop, store, office, hotel, 
restaurant, bakery, laundry, telegraph, telephone or public mes- 
senger service, any child under sixteen years of age, unless there is 
first provided and placed on file in such mercantile establishment, 
factory, workshop, store, office, hotel, restaurant, bakery, laundry, 
telegraph, telephone or public messenger service ofiice, a permit 
granted by the commissioner of labor, state factory inspector, or 
any assistant factory inspector, or county judge, municipal judge 
or judge of a juvenile court of the county where such child re- 
sides. (1911 c. JpO) 

Hours of work to be limited. Section 1728c. 1. No child 
under the age of sixteen years, shall be employed, required, per- 
mitted or suffered to work at any gainful occupation for more than 
forty-eight hours in any one week, nor more than eight hours in any 
one day, or before the hour of seven o'clock in the morning or after 
the hour of six o'clock in the evening, nor more than six days in 
any one week. A lunch period of not less than thirty minutes shall 
be allowed during each day. Provided, nothing in sections 1728a to 
172 8 j, inclusive, shall be construed to interfere with the employ- 
ment of children as provided in sections 1728a — 1 and 1728u of the 
statutes. 

Schedule of work to be posted. 2. Each employer shall post in 
a conspicuous place in each of the several departments in or for 
which minors are employed, a list on a printed form furnished by 
the bureau of labor and industrial statistics or factory inspection 
department, stating the names, ages and the hours required of each 
child during each day of the week, the hours of commencing and 
stopping work, and the hours when the time or times allowed for 
dinner or othef meals begin and end. (1911 c. Jft9; Am. 1911 c. 
bGJf s. 125) 

Attendance of minors (14 to 16) at evening schools, continua- 
tion schools, etc. Section 1728c — 1. 1. Whenever any evening school 
continuation classes, industrial school or commercial school, shall 
be established in any town, village or city in this state for minors 
between the ages of fourteen and sixteen, working under permit as 
now provided by law, every such child, residing within any town, 
village or city in which any such school is established, shall attend 
such school not less than five hours per week for six months in 
each year, until such child becomes sixteen years of age, and every 
employer shall allow all minor employes over fourteen and under 
sixteen years of age a reduction in hours of work of not less than 



302 SCHOOL LAWS OF WISCONSIN. 

the number of hours the minor is by this section required to attend 
school. 

2. The total number of hours spent by such minors at work and 
in the before-mentioned schools shall together not exceed the total 
number of hours of work for which minors over fourteen and under 
sixteen years of age' may by law be employed, except when the minor 
shall attend school a greater number of hours than is required by 
law, in which case the total number of hours may be increased by 
the excess of the hours of school attendance over the minimum 
prescribed by law. 

3. Employers shall allow the reduction in hours of work at the 
time when the classes which the minor is by law required to attend, 
are held whenever the working time and the class time coincide. 

4. Any violation of this section shall be punished as is provided 
in the case of a violation of section 1728a of the statutes. (1911 c. 
5.05) 

Inspections; factory inspectors to be truant officers. Section 
1728d. 1. It shall be the duty of the commissioner of labor, the 
factory inspector and every assistant factory inspector to enforce all 
the provisions of the statutes regulating or relative to child labor, 
and to prosecute violations of the same before any justice of the 
peace or other court of competent jurisdiction in this state. It 
shall be the duty of the said commissioner of labor and every factory 
inspector and assistant factory inspector and truant officers, and 
they are hereby authorized and empowered to visit and inspect, at 
all reasonable times, and as often as possible, all places covered by 
sections 1728a to 1728j, inclusive. The factory inspector and assist- 
ant factory inspector shall have the power of truant officers to 
enforce all legal requirements relating to school attendance. 

Courts having jurisdiction. 2. The justices of the peace in the 
various counties of the state of Wisconsin shall have criminal juris- 
diction of actions brought for violations of all statutes regulating 
or relative to child labor, notwithstanding any statute depriving 
such justices of the peace in any county of such jurisdiction. Noth- 
ing contained herein, however, shall deprive the municipal courts 
and other courts of record of concurrent jurisdiction, nor shall any- 
thing contained herein be construed to give justices of the peace 
in cities of the first class jurisdictions of such actions. (1911 c. 4~9; 
Am. 1911 c. 66Jf s. 125) 

Refusal to grant permits; cause for. Section 1728e. 1. The 
commissioner of labor, the factory inspector or assistant factory 
inspectors, or county judge', municipal judge or judge of a juvenile 
court, may refuse to grant permits in the case of children who may 



THE CHILD LABOR LAW. 303 

seem physically unable to perform the labor at which they may be 
employed. 

Duplicate copies to be forwarded to commissioner. 2. All per- 
mits provided for under sections 1728a to 1728J, inclusive, shall be 
issued upon blanks furnished by the commissioner of labor and shall 
be made out in duplicate. One of such duplicates shall be forthwith 
returned to the commissioner of labor, together with a detailed 
statement of the character and substance of the evidence offered 
prior to the issue of such permit. Such statement so forwarded 
shall be upon blanks furnished by the commissioner of labor, and 
shall contain such details as to such evidence and shall fully reveal 
its character and substance as indicated in such blank. 

Revocation of illegal permits. 3. Whenever it shall appear to the 
commissioner of labor that any permit has been improperly or ille- 
gally issued, or that the physical or moral welfare of such child 
would be best served by the revocation of the permit he may forth- 
with, without notice, revoke the same, and shall by registered mail 
notify the person employing such child and the child holding such 
permit, of such revocation. 

Employment at farm labor. 4. Nothing contained in sections 
1728a to 1728J, inclusive, shall be construed to forbid any child 
from being employed in agricultural pursuits, nor to require a per- 
mit to be obtained for such child. (1911 c. J/JD; Am. 1911 c. 664 &• 
125J 

Forbidden occupations to children under 18 years. Section 
1728f 1. No child under the age of eighteen years shall be em- 
ployed in or about any blast furnaces, docks, wharfs, in the outside 
erection and repair of electric wires; in the running or manage- 
ment of elevators, lifts or hoisting machines; in oiling or cleaning 
hazardous or dangerous machinery in motion; switch tending, gate 
tending or track repairing; as brakeman, fireman, engineer, motor- 
man, conductor, telegraph operator, upon railroads; as pilot, fire- 
man or engineer upon boats and vessels engaged in the transporta- 
tion of passengers or hierchandise; in or about establishments where 
nitroglycerine, dynamite, dualin, guncotton, gunpowder or other 
high or dangerous explosive is manufactured, compounded or stor- 
ed; or in dipping, dyeing or packing matches; or in any factory 
in operating or using any emery, tripoli, rouge, corundum, stone 
carborundum or any abrasive or emery polishing or buffing wheel, 
where articles of the baser materials or of iridium are manufac- 
tured. 

2. No minor under the age of eighteen, nor any female, shall 
be employed in or about any mine or quarry. (1911 c. Jp9) 



304 SCHOOL LAWS OF WISCONSIN. 

Meaning of factory, etc. Section 1728g. The words "manufac- 
turing establishment," the word "factory" or the word "workshop," 
as used in section 1728a to 1728j, inclusive, shall each be construed 
to mean any place where goods or products are manufactured or 
repaired, dyed, cleaned or assorted, stored or packed, in whole or 
in part, for sale, for wages, or directly or indirectly, for gain or 
profit. (1911 c. 479; Am. 1911 c. 664 s. 125) 

Penalty for violation. Section 1728h. 1. Any person, firm or 
corporation, agent or manager of any firm or corporation who, 
whether for himself or for such firm or corporation, or by himself 
or through agents, servants or foreman violates or fails to comply 
with any of the provisions of sections 1728a, 1728b, 1728c, 1728d, 
1728e, 1728f, 1728g, 1728h, 17281, 1728a — 1, 1728a — 2, 1728a — 3, 
1728a — 4, 1728a — 5 or 1728a — 6, or hinders or delays the com- 
missioner of labor, the factory inspector or assistant factory in- 
spectors, or truant officers, or any or either of them, in the per- 
formance of their duties, or refuses to admit or locks out any 
such officer from any place required to be inspected by said sec- 
tions, shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof, shall be' fined not less than twenty-five dollars 
nor more than one hundred dollars for each offense, or impris- 
oned in the county jail not longer than thirty days. 

jHow action may be brought. 2. Any corporation which, by its 
agents, officers or servants violates or fails to comply with any of 
the provisions of the sections specified in subsection 1, shall be 
liable to the above penalties, which may be recovered against such 
corporations in action for debt or assumpsit brought before any jus- 
tice of the peace or other court of competent jurisdiction. 

Who is held responsible. 3. Any person, being the owner or 
lessee of any opera house, theater or moving picture house, or any 
similar place of any name, or having in whole or in part, the man- 
agement or control thereof, shall be responsible for any violation 
of this act (5n the premises, of such opera house, theater, or moving 
picture house or similar place of any name. 

Failure to return employment permit. 4. Any person, firm or 
corporation, agent or manager of any corporation who, whether for 
himself or for such firm or corporation, or by himself or through 
agents, servants or foreman fails to return the employment permit 
of any child in violation of section 1728a — 6, shall be liable in ac- 
tion to such child whose permit is not returned, for two dollars for 
each day during which such failure continues. 



THE CHILD LABOR LAW. 305 

Failuie to produce employment permit. 5. The failure of any 
peTson, firm or corporation, agent or manager of any firm or cor- 
poration, to produce for inspection to the commissioner of labor, 
factory inspector or any assistant factory inspector, truant officers, 
the employment permit hereinbefore described, shall be prima facie 
evidence of illegal employment of minor before any justice of the 
peace or other court of competent jurisdiction. The presence 
of any minor in any factory, work shop, place of employment or in 
or about any mine, or the presence of any minor at any time other , 
than those on the posted hours of labor, as hereinbefore provided, 
or in any establishment employed at any work listed as dangerous 
or forbidden employments, shall be prima facie evidence of the em- 
ployment of such child. (1911 c. 479; Am. 1911 c. G6Jf s. 125) 

Section 17281. Any parent or guardian, who suffers or permits 
a child to be employed, at any gainful occupation, directly or indi- 
rectly, or suffered or permitted to work in violation of section 
1728a to 1728J, inclusive, shall be guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than five nor more 
than twenty-five dollars or by imprisonment in the county jail for 
not longer than thirty days. (1911 c. 419; Am. 1911 c. 664 s. 125) 
The following sections (Section 1728p to 1728za) refer to the 
cities of the first class. 

Sale of newspapers, etc. Section 172 8p. The term "street trade," 
as used in sections 1728p to 1728za, inclusive, shall mean any busi- 
ness or occupation in which any street, alley, court, square or other 
public place is used for the sale, display or offering for sale of any 
articles, goods or merchandise. No boy under the age of twelve 
years, and no girl under the age of eighteen years, shall in any city 
of the first class distribute, sell or expose, or offer for sale news- 
papers, magazines or periodicals in any street or public place. (1911 
c. 439; Am. 1911 c. 664 *• ~^J 

Boys under 14. Section 172 8q. No boy under fourteen years 
of age, shall, in any city of the first class, work at any time, 
or be employed or permitted to work at any time, as a bootblack 
or in any other street trade, or shall sell or offer any goods 
or merchandise for sale or distribute hand bills or circulars or any 
other articles, except newspapers, magazines or periodicals as 
hereinafter provided. (1911 c. 439) 

Girls under 18. Section 172 8r. No girl under eighteen years of 
age, shall, in any city of the first class, work at any time, or be 
employed or permitted to work at any time, as a bootblack or at any 
other street trades or in the sale or distribution of hand bills or 
circulars or any articles upon the street or from house to house. 
(1911 c. 439) 

20— S. L. 1 



306 SCHOOL LAWS OF WISCONSTN. 

Conditions under which a boy under 16 may do cejtain kinds of 
work. Section 172 8s. No boy under sixteen years of age shall, 
in any city of the first class, distribute, sell or expose or offer 
for sale any newspapers, magazines or periodicals in any street or 
public place or work as a bootblack, or in any other street or public 
trade or sell or offer for sale or distribute any hand bills or other 
articles, unless he complies with all the legal requirements con- 
cerning school attendance, and unless a permit and badge, as here- 
inafter provided, shall have been issued to him by the state factory 
inspector. No such permit and badge &hall be issued until the officer 
issuing the same shall have received an application in writing there'- 
for, signed by the parent or guardian or other person having the 
custody of the child, desiring such permit and badge, and until 
such officer shall have received, examined and placed on file 
the written statement of the principle, or chief executive officer of 
the pubic, private or parochial school, which the said child is at- 
tending, stating that such child is an attendant at such school with 
the grade such child shall have attained, and provided that no such' 
permit and badge shall be issued, unless such officer issuing it is 
satisfied that such child is mentally and physically able to do such 
work besides his regular school work as required by law. (1911 c. 
439) 

Conditions under which permits are granted. Section 1728t, 
Before any such permit is issued, the state factory inspector shall 
demand and be furnished with proof of such child's age by the pro- 
duction of a verified baptismal certificate or a duly attested birth 
certificate, or, in case such certificates cannot be secured, by the 
record of age stated in the' first school enrollment of such child. 
Whenever it appears that a permit was obtained by wrong or false 
statements as to any child's age, the officer who granted such per- 
mit shall forthwith revoke the same. After having received, 
examined and placed on file such papers, the officer shall issue 
to the child a permit and badge. The principal or chief executive 
officer of schools, in which children under fourteen years of age 
are pupils, shall keep a complete list of all children in their school 
to whom a permit and badge has been issued as provided in sec- 
tions 1728p to 1728za, inclusive. fWll c. 439; Am. 1911 c. 664 s. 11) 

What permits shall contain. Section 1728u. Such permit shall 
state the place and date of birth of the' child, the name and address of 
its parents, guardian, custodian or next friend, as the case may be, 
and describe the color of hair and eyes, the height and weight and 
any distinguishing facial marks of such child, and shall further 
state that the papers required by the preceding sections have been 



THE CHILD LABOR LAW. 307 

duly examined and filed; and that the child named in such permit 
has appeared before the' officer issuing the permit. The badge 
furnished by the officer issuing the permit shall bear on its face a 
number corresponding to the number of the permit, and the name 
of the child. Every such permit, and every such badge on its re^ 
verse side, shall be signed in the presence of the officer issuing the 
same by the child in whose name it is issued. Provided, that in cas3 
of carrier boys vi-orking on salary for newspaper publishers deliver- 
ing papers, a card of identification shall be issued to such carriers 
by the factory inspector, which they shall carry on their person, 
and exhibit to any officer authorized under sections 1728p to 1728za, 
inclusive, who may accost them for a disclosure of their right to 
serve as such carrier. (1911 c. 439; Am. 1911 c. 664 s. 71) 

Badges. Section 172 8v. The badge provided for herein shall be 
such as the state factory inspector shall designate and shall be worn 
conspicuously in sight at all times in such position as may be' desig- 
nated by the said factory inspector by such child while so working. 
No child to whom such permit and badge or identification card are 
issued shall transfer the same to any other person. (1911 c. ^39) 

Regulation of working hours. Section 1728w. No boy under 
fourteen years of age shall, in any city of the first class, sell, expose 
or offer for sale any newspapers, magazines or periodicals after the 
hour of six-thirty o'clock in the evening, between the first day of 
October and the first day of April, nor after seven-thirty o'clcok in 
the evening, between the first day of April and the first day of Octo- 
ber, or before five o'clock in the morning, and no child under sixte'eu 
years of age shall distribute, sell, expose or offer for sale any news- 
papers, magazines or periodicals or shall work as a bootblack or in 
any street or public trades or distribute hand bills or shall be em- 
ployed or permitted to work in the distribution or sale or exposing 
or offering for sale of any newspapers, magazines or periodicals or as 
a bootblack or in other street or public trades or in the distribution 
of hand bills during the hours when the public schools of the city 
where such child shall reside are in session. Provided, that any boy 
between the ages of fourteen and sixteen years, who is complying 
and shall continue to comply with all the' legal requirements con- 
cerning sfchool attendance, and who is mentally and physically able 
to do such delivery besides his regular school work, shall be author- 
ized to deliver newspapers betweeti the hours of four and six in the 
morning. (1911 c. 1,89) 

Enforcement. Section 172 8x. The commissioner of labor or 
any factory inspector acting under his direction shall enforce the pro- 
visions of sections 1728p to 1728za, inclusive, and he is hereby vested 
with all powers requisite therefor. (1911 c. 439; Am. 1911 c. 664 s. 11) 



308 SCHOOL LAWS OF WISCONSIN. 

kevocation of permit. Section 1728y. The permit of any child, 
who in any city of the first class distributes, sells or offers for sale 
any newspapers, magazines or periodicals in any street or public 
place or worKs as a bootblack or in any other street trade, or sells or 
offers for sale or distributes any hand bills or other articles in viola- 
tion of the provisions of sections 1728p to 1728za, inclusive, or who 
becomes delinquent or fails to comply with all the legal requirements 
concerning school attendance, shall forthwith be revoked for a period 
of six months and his badge taken from said child. The refusal of 
any child to surrender such permit, and the distribution, sale or offer- 
ing for sale of newspapers, magazines or periodicals or any goods or 
merchandise, or the working by such child as a bootblack or in any 
other street or public trade, or in distributing haiid bills or other arti- 
cles, after notice, by any officer authorized to grant permits under this 
law of the revocation of such permit and a demand for the return of 
the badge, shall be deemed a violation of this act. The permit of 
said child may also be revoked by the officer who issued such permit, 
and the badge taken fx'om such child, upon the complaint of any police 
officer or other attendance officer or probation officer of a juvenile 
court and such child shall surrender his permit and badge upon the 
demand of any police officer, truancy or other attendance officer or 
probation officer of a juvenile court or other officer charged with the 
duty of enforcing this act. In case of a second violation of this act 
by any child, he shall be brought before the juvenile court, if there 
shall be any juvenile court in the city where such child resides or, if 
not, before any court or magistrate having jurisdiction of offenses 
committed by minors and be dealt with according to law. (1911 c. 
1,39; Am. 1911 c. 66Jf s. 11) 

Penalty. Section 172 8z. Any parent or other person who em- 
ploys a minor under the age of sixteen years in peddling without a 
license or who, having the care or custody of such minor, suffers or 
permits the child to engage in such employment, or to violate sections 
1728p to 1728za, inclusive, shall be punished by a fine not to exceed 
one hundred dollars nor less than twenty-five dollars, or by commit- 
ment to the county jail for not more than sixty days or less than ten 
days. (1911 c. 439) 

Conditions for granting badges. Section 1728za. Providing 
that no badge shall be issued for a boy selling papers between the ages 
of twelve and sixteen years by the state factory inspector, except upon 
certificate of the principal of either public, parochial or private school 
attended by said boy, stating and setting forth that said boy is a regu- 
lar attendant upon said school. No boy under the age of sixteen years 
shall be permitted by any newspaper publisher or printer or persons 



UNIVERSITIES— COLLEGES— MAPS— INSURANCE. 309 

having for sale newspapers or periodicals of any character, to loiter 
or remain around any salesroom, assembly room, circulation room or 
office for the sale of newspapers between the hours of nine in the fore- 
noon and three in the afternoon, on days when school is in session. 
Any newspaper publisher, printer, circulation agent or seller of news- 
papers shall upon conviction for permitting newsboys to loiter or 
hang around any assembly room, circulation room, sales room or of- 
fice where papers are distributed or sold, shall be punished by a fine 
not to exceed one hundred dollars nor less than twenty-five dollars, or 
by commitment to the county jail for not more than sixty days or less 
than ten days. (Wll c. J,39) 

While this act does not relate specifically to schools and school 
work, its relationship to the control and management of children 
of school age throughout the state makes it an all important law, 
the provisions of which should be known to all citizens. 

Universities and colleges; poAvers of trustees. Section 1784m. 
Any university or college, whether organized under this chapter, or 
otherwise, may receive in connection with it any other university or 
college upon resolution of the board of trustees of the said institutions 
and such university or college so received shall become a branch of 
the university or college so receiving it and shall be subject to such 
rules, regulations, agreements and liabilities as may be agreed by the 
respective trustees of said college. Any such university or college so 
receiving any other university or college may grant such diplomas 
and confer such degrees as shall be appropriate to courses of instruc- 
tion prescribed and pursued in such received university or college, 
and any such university or college so received may upon such terms 
as shall be agreed to by its stockholders and trustees sell or give an 
option of purchase of all its property, business and effects to such re- 
ceiving college or university. (IdOl c. 68) 

llaiiroa*! maps. Section 179 5a. There shall be published bi- 
ennially under tho supervision of the railroad commissioner, twenty- 
five thousand copies of the railroad map of Wisconsin, of which eight 
thousand copies shall be mounted on muslin and provided with rollers 
to be distributed by the state superintendent among the schools; 
twelve thousand three hundred and thirty shall be likewise mounted on 
muslin and provided with rollers, to be apportioned and delivered to 
the members of the legislature; four thousand six hundred and seventy, 
of which three thousand shall be unmounted and one thousand six hun- 
dred and seventy likewise mounted on muslin and provided with rollers, 
to be distributed by the railroad commissioner. 

Kire and tornado insnranco companies. Section 1941 — 32a. 
All boards of education and school districts in the state are hereby 
empowered to enter into, and organize mutual fire insurance com- 



310 SCHOOL LAWS OF WISCONSIN. 

panies for the insurance of public school buildings and their contents, 
against fire, lightning and tornado, in accordance with the provisions 
of this chapter. The terms school district, and district, as used in 
this act shall include all towns which have adopted or shall adopt the 
township system of school government and all cities acting under 
general or special charters, and the term board shall include all boards 
of education, school district boards, boards of school directors, and 
other bodies having committed to them by law or by general or spe- 
cial charter, the management and control of public school buildings. 
(1905 c. 37S) 

Twenty-fiA'e or more school boards or districts may incorporate. 

Section 1941 — 32b. Any number of such boards and districts, not less 
than twenty-five, may form themselves into a corporation for the pur- 
poses aforesaid, by complying with the following conditions, namely: 
The representatives of such boards and districts being first duly au- 
thorized to do so by the boards and districts represented, shall sign 
articles of organization which shall be substantially in the following 
form. The boards of education and school districts named below, by 
their duly authorized representatives, do hereby associate for the pur- 
pose of forming a mutual fire and tornado insurance corporation for 
the purpose of insuring public school buildings and their contents 
against loss and damage by fire, lightning and tornado, under the pro- 
visions of chapter 373 of the laws of 1905. 

Title of incorporation. The name of such corporation shall be 



Elective officers. The elective oflacers of the corporation shall be 
a president and a board of directors of four members, to be elected at 
the first meeting of the signers of the articles of association from 
their number; two of said directors shall hold their office until the 
first annual meeting, and two of the directors shall hold their office 
until the second annual meeting. The president shall hold his office 
until the first annual meeting of the corporation, and shall thereafter 
be elected annually, and he shall be ex-officio president of the board 
of directors, and a member thereof. At each annual meeting two di- 
rectors shall be elected for two years in the place of those whose 
terms shall expire at the time of such meeting. The board of di- 
rectors shall fix the time and place for holding the annual meeting, 
and shall elect the secretary and treasurer, and such other officers as 
shall be provided for in the by-laws of the corporation. 

In witness whereof we have hereunto affixed our names by our duly 
authorized representatives, and have caused them to authenticate the 
same by their signatures respectively. 

(Here insert names of boards and districts followed in each case by 
the signature of the selected representative.) (1905. c. 373 J 



SCHOOL HOUSE INSURANCE. 311 

Articles to be filed with insurance commissioner. Section 19 41 — 
32c. Whenever such articles have been subscribed as required above, 
they shall be filed with the commissioner of insurance, with proof 
that not less than twenty-five applications for policies of insurance 
aggregating not less than two hundred fifty thousand dollars have 
been received, and if such articles shall be found to be in proper 
form, the commissioner shall issue a certificate to the effect that the 
association is organized and is authorized to do business. 

First meeting. The first meeting of the signers must be held 
within sixty days after such certificate is issued, and may be held at 
any convenient place on a call signed by not less than ten of such 
signers, on not less than ten days' notice by mail to the remaining 
signers. (JOOo c. 373) 

Board of directo:s. Section 19 41 — 3 2d. The general manage- 
ment of the business of corporations so organized shall be vested in 
the board of directors which shall be chosen as provided in the arti- 
cles of association, and shall have the powers therein enumerated and 
such other powers as shall be necessary to carry into effect the pro- 
visions of this act, and as shall be enumerated in the by-laws, and the 
said board shall keep a record of all its proceedings in a book kept 
for that purpose. (]f)05 c. Sl'SJ 

By-laws. Section 1S41 — 32e. Such corporation before it shall issue 
any policies, shall prepare and adopt by-laws and file the same with 
the commissioner of insurance as hereinafter provided, which shall 
prescribe the duties of its officers, the manner, time and place of elect- 
ing them, the place and manner of transacting business, the time and 
manner of giving notice of loss and of adjusting and paying losses, 
and such other rules and regulations as may be deemed essential or 
convenient for the management of its affairs. Such by-laws may be 
adopted at the first meeting of the corporation or at an adjourned 
meeting, or may, if such meeting shall so determine, be framed and 
adopted by the board of directors, and such by-laws shall not be an- 
nulled, changed, suspended or repealed except in the manner therein 
set forth, and a copy thereof and of all amendments thereto and 
changes therein shall be filed by the secretary forthwith after its 
adoption with the commissioner of insurance. (1903 c 373) 

Policies; how issued. Section 1941 — 32f. Such corporation 
may issue policies, signed by its president and secretary, agreeing to 
pay to the board of education- or school district insured, any loss 
which may be sustained by it by fire, lightning and tornado for a 
period of not more than five years, not exceeding on any single risk 
two per cent of the amount of insurance in force or contracted for. 



312 SCHOOL LAWS OF WISCONSIN. 

Such policies shall contain such conditions as the by-laws shall pre- 
scribe, but such corporation shall not make or execute any policy un- 
til a blank form for the same shall have been submitted to and ap- 
proved by the commissioner of insurance; provided that no such com- 
pany shall be required to use the Wisconsin standard policy. The 
board of directors may classify property to be insured, according to 
the risk involved. (1905 c. 373) 

Each school board or district to be a member of the corporation. 

Section 1941 — 32g. Each board of education and school district to 
which any policy shall be issued, shall be a member of the corpora- 
tion, and shall be entitled to one vote at all meetings of the corpora- 
tion, for each one-thousand dollars or major fraction thereof of in- 
surance held by it, and shall be represented at all meetings of the 
corporation by a member of its board selected by it for that purpose. 
In case no such representatives shall be selected, then the clerk or 
secretary of such board of education or the clerk of the school dis- 
trict, shall act as such representative, if he shall be a member of 
such board, and if such clerk or secretary shall not be a member of 
the board then the president of such board shall act as such repre- 
sentative. Such boards shall have the right to change their repre- 
sentatives at will, and in case of such a change shall notify the sec- 
retary of the corporation, specifying the person, if any chosen. Any 
representative of any board or district to which a policy of insurance 
has been issued, or which has agreed to accept any such policy, shall 
be eligible to the office of president or director, but on ceasing to be 
such representative, shall cease to be eligible and shall be deemed to 
have vacated such office, but shall nevertheless continue to act for ten 
days, or until his successor in such office shall be selected as provided 
in the by-laws. (1905 c. 313) 

Undertaking to be given. Section 1941 — 32h. Each board of 
education or school district to which any policy shall be issued, shall, 
at the time of making and issuing any such policy, give its undertak- 
ing in such form as the by-laws shall prescribe to pay its pro rata 
share of all losses or damages which shall be sustained by the said 
corporation under any policy of insurance issued by it, and its neces- 
sary business expenses, together with all legal costs and charges which 
shall be incurred in case legal proceedings are commenced against it 
on account of any such loss, at the time and in the manner provided 
in the by-laws. Each such undertaking shall be filed with the secre-. 
tary of the corporation at the time the policy shall be issued and shall 
remain on file in his office. Each member at the time such insurance 
is effected shall pay such a percentage of the amount insured as the 
by-laws shall provide for the class of risk insured, and such a reason- 



SCHOOL HOUSE INSURANCE. 313 

abk^ fee for the policy and survey of the premises and property in- 
sui'cd as tlic by-laws shall determine. (100,) c. 373) 

Assessment. Sectiou 1941 — 32i. Whenever the amount of any 
loss so ascertained and adjusted shall exceed the amount of cash in 
the treasury of the corporation, and its probable receipts for the three 
succeeding months, the president shall convene the board of directors 
and they shall make an assessment pro rata on the members of the 
corporation, according to the amount of insurance held by them re- 
spectively and the rate at vi^hich the same shall be issued, which as- 
sessment shall be sufficient to pay the amount of such loss and of the 
expenses in coniiection therewith, and such a sum in addition thereto 
as the directors shall determine, but no such assessment shall exceed 
three per cent of the policies in force, and not more than five per 
cent of such policies shall be levied in assessments during any one 
year. The assessments thus levied shall be payable not less than 
ninety days nor more than six months after the same are levied, as 
the by-laws shall determine. Notice of the assessment shall be given 
in the manner provided in the by-laws, and the notices so given shall 
state the amount of the less and the probable amount to be derived 
from such assessment, and such other matters as the by-laws shall 
provide or the directors shall determine. If any member shall fail to 
pay its assessments in the manner provided in the by-laws, it shall be 
liable to the corporation on its undertaking, for the amount of the 
assessment duly levied, and for interest thereon after due at the rate 
of one per cent for each month or part of a month which the same 
shall remain unpaid after due, which may be recovered in any court 
of competent jurisdiction, with costs as in other cases. {1905 c. 313) 

IJoiids. Section 1941 — 32j. The corporation may require such 
bonds from its officers and agents as the by-laws shall provide, and 
may pay such reasonable commissions as the by-laws shall prescribe, or 
the board of directors shall determine, in case the by-laws are sUent. 
(1905 c. 313) 

X'acancies. Section 1941 — 32k. Vacancies in any office shall be 
filled by the board of directors at their first meeting after the secre- 
tary shall be notified of or shall ascertain such vacancy. In filling 
vacancies in the board of directors, a majority of the remaining di- 
rectors shall have power to act. (1905 c. 313) 

guorum. Section 19 41 — 3 21. At any meeting of the members 
of the corporation the representatives of members holding ten per 
cent of the outstanding policies of the corporation shall constitute a 
quorum, but a less nuniber may adjourn from time to time. The gen- 
eral office of the corporation shall be in the town, city or village in 



314 SCHOOL LAWS OP WISCONSIN. 

which the secretary shall reside, unless the directors shall otherwise 
determine. (1905 c. 313) 

Member may withdraw. Section 1941 — 32m. Any member may 
withdraw from such corporation at any time by giving notice in writ- 
ing to the secretary of such corporation, and paying all assessments 
which shall have been duly levied, but it shall, notwithstanding such 
notice of withdrawal, be liable for its share of all losses sustained by 
the corporation previous to such withdrawal, and all expenses in con- 
nection therewith, whether such losses were ascertained and adjusted 
prior to the giving of such notice of withdrawal or not, but no mem- 
ber shall be liable on account oi any assessment to pay losses in- 
curred before it became a member. (1905 c. 313) 

Duty of secretary. Section 19 41 — 32n. The secretary of every 
such corporation shall annually prepare a statement of its condition 
on the 31st day of December, preceding the annual meeting, which 
shall contain the number and amount of each policy outstanding and 
to whom issued, the aggregate of the insurance in force on each class 
of property insured, the amount of losses paid during the year and to 
whom, the total number and tne amount of the losses paid since the 
organization of the corporation, the amount of losses sustained and 
unpaid, and such other matters as the by-laws shall require to be 
shown therein. The treasurer shall make a detailed statement of the 
moneys collected by him from the several assessments made, and from 
all other sources, and also state every item of disbursement, and shall 
show the condition of the association on the date specified. The re- 
ports of both the secretary and the treasurer shall be presented to the 
annual meeting, and copies shall be filed with the commissioner of in- 
surance not later than the 31st day of January after the date on which 
they are made. (1905 c. 313) 

Authority to join. Section 19 41 — 32o. All boards of education, 
school district boards, boards of school directors, and other bodies 
having the control and management of public school buildings, in ad- 
dition to the powers already conferred on them by law, or by the 
general or special charter under which they are organized, are au- 
thorized and empowered to become members of any corporation cre- 
ated under this act. (1905 c. 313) 

Doors, what to open outwardly; fire escapes. Section 4390. 
Every building now or hereafter used, in whole or in part, as a pub- 
lic building, public or private institution, hotel, inn, schoolhouse, 
church, public hall, place of assemblage or place of public resort, fac- 
tory or workshop, opera house or office building, must be provided 
with exits having doors that open or swing outward, whether such 



DOORS— FIRE ESCAPES— TIMBER. 315 

doors arc outer doors or open upon vestibules or stairways, and when 
storm doors are used at the entrance of any such building, either in- 
side or outside, said storm doors shall have a glass therein, not less 
than fifteen inches square, and such doors through which employees 
must pass to gain access to the outside of the building, in which they 
are employed, must remain unlocked during working hours. Any 
owner, tenant, corporation, person or persons in charge of any of the 
above named buildings, who shall fail to comply with this section, or 
any architect who shall prepare plans for any building which is re- 
quired by this section to be provided witn such doors, without provid- 
ing in such plans for the same, shall be punished by a fine of not ex- 
ceeding five hundred dollais, or by imprisonment in the county jail 
not longer than ninety days. The provisions of this act shall not^ ap- 
ply to rural school buildings of but one story in height. (1911 c. SIS) 

Chapter 441, Laws of 1911, (section 1636 — 4) provides that ev- 
ery schoolhouse, hotel, tenement house, public building, etc., etc., 
more than two stories high shall be provided with one or more 
iron fire escapes with iron platforms, etc. Severe penalties are 
provided for by chapter 349 for failure to comply therewith and 
the enforcement of the law comes within the jurisdiction of the 
commissioner of labor, the factory inspectors, or of chiefs or mar- 
shals of the fire departments of cities and villages. It is not com- 
pulsory that the doors of one story school buildings shall open 
outward. 

Injury to public buildings, to timber on state or county lands; 
removing stone or mineral from lands, etc. Section 4442. Any 
person who shall cut down, injure or destroy any tree or timber, 
growing or standing upon land belonging or mortgaged to or held in 
trust by the state, or who shall take and carry away any timber or 
wood so cut or severed, or previously cut or severed, and remaining 
upon such land, or who shall take or carry away, any mineral, earth 
or stone from such land, or who shall wilfully, maliciously or 
wantonly cut down, injure or destroy any tree or timber growing 
or standing upon and belonging or mortgaged to or held in trust by 
any county in the state, or take and carry away any timber or 
wood so cut or severed, or previously cut or severed and remaining 
upon such land, or who shall so dig or carry away any mineral, 
earth or stone from such land, or mutilate, deface, injure or destroy 
any building or other structure belonging to the state or to any 
county, town, city, village, school district, or school board, board 
of trustees, corporation, company or association and used for re- 
ligious, educational, penal, correctional, charitable or other public 
purposes, or any building or personal property whatever of any 
person or copartnership, or who shall enter, without light, any agri- 
cultural or industrial fair grounds, inclosed by a fence not less than 
six feet high and injure and destroy any property therein, shall 



316 - SCHOOL LAWS OF WISCONSIN. 

be punished by imprisonment in the county jail not more than six 
months or by fine not exceeding one hundred dollars. 

Official malfeasance, what is. Section 4549. Any officer, agent 
or clerk of the state, or of any county, town, school district, school 
board, city or village therein, or in the employment thereof, or any 
officer, regent, treasurer, secretary, superintendent, clerk or agent, 
of any penal, correctional, educational or charitable institution', 
instituted by or in pursuance of law, within this state, or any mem- 
ber of any body or board having charge or supervision of. such 
institution who shall have, reserve or acquire any pecuniary interest, 
directly or indirectly, present or prospective, absolute or condi- 
tional, in any way or manner, in any purchase or sale of any per- 
sonal or real property or thing in action, or in any contract, pro- 
posal or bid in relation to the same, or in relation to any public 
service, or in any tax sale, tax title, bill of sale, deed, mortgage, 
certificate, account, order, warrant or receipt made by, to or with 
him in his official capacity or employment, or in any public or 
official service, or who shall make any contract or pledge, or con- 
tract any indebtedness or liability, or do any other act in his official 
capacity,- or in any public or official service not authorized or re- 
quired by law, or who shall make any false statement, certificate, 
report, return or entry in any book of accounts or of records in 
respect to anything done or required to be done by him officially, 
or in any public or official service, shall be punished by imprison- 
ment in the county jail not more than one year or by fine not ex- 
ceeding five hundred dollars. 

Discounting claims; neglect of duty. Section 45 50. Any per- 
son mentioned in the next preceding section, who shall pay, redeem, 
discount or purchase, any debt, claim or demand in favor of any 
other person, against the state, or any county, town, school district, 
school board, city or village therein, or against any fund thereof 
below the true and full amount thereof, or who shall pay any such 
debt, claim or demand for any purpose out of any fund not provided 
for such purpose, or who shall wilfully violate any provision of law, 
authorizing or requiring anything to be done, or prohibiting any- 
thing from being done by him in his official capacity or employment, 
or who shall refuse or wilfully neglect to perform any duty in his 
office required by law, or shall be guilty of any wilful extortion, 
wrong or oppression therein shall be punished by imprisonment 
in the county jail not more than one year or by fine not exceeding 
five hundred dollars. 

Refusal to deliver monej', etc., to successor. Section 4553. Any 
public officer whatever, in this state, who shall, at the expiration 



OFFICIAL MALFEASANCE, ETC. 317 

of his term of office, refuse or wilfully neglect to deliver, on de- 
mand, to his successor in office, after such successor shall have been 
duly qualified and be entitled to said office according to law, all 
moneys, records, books, papers or other property belonging to said 
office, and in his hands or under his control by virtue thereof, shall 
be punished by imprisonment in the county jail not more than six 
months or by fine not exceeding one hundred dollars. 

Disturbing- schools. Section 45 72. Any person who shall wil- 
fully, maliciously or wantonly interrupt or in any way molest or 
disturb any private or public school while in session shall be pun- 
ished by imprisonment in the county jail not more than thirty days 
or by a fine not exceeding fifty dollars. 

Obscene books, literature, papers and pictures; inxprisonnient 
penalty. Section 4 590. Any person who shall, in a public place, 
or on any fence or wall, or other surface, contiguous to the public 
street or highway, or on the floor or ceiling, or on the inner or outer 
wall, closet, room, passage, hall, or any part of any hotel, inn, or 
tavern, courthouse, church, school, stationhouse, depot for freight 
or passengers, capitol or other buildings devoted or open to other 
or like public uses, or on the walls -of any outbuildings, or other 
structure pertaining thereto, make or cause to be made any obscene 
drawing or picture or obscene or indecent writing, or print, liable 
to be seen by others passing, or coming near the same, such person 
so offending, shall, in every such case, be guilty of a misdemeanor, 
and, on conviction thereof, shall be punished by imprisonment in 
the county jail not to exceed one year, or by fine not exceeding five 
hundred dollars. 

Inunoral pictures; penalty tliree hundred dollars. Any person or 
persons who shall put up, in any public place, any indecent, lewd 
or obscene picture or character, representing the human form in a 
nude or semi-nude condition, or shall advertise by circulars or 
posters any indecent, lewd or immoral show, play or representation, 
shall be deemed guilty of a misdemeanor, and, on conviction there- 
of, shall be fined not less than twenty-five dollars, nor more than 
three hundred dollars; provided, that nothing in this act shall be 
construed as to interfere with purely scientific works, written on 
the subject of se-xual physiology or works of art. 

Immoral or indecent hooks; penalty fifty dollars. Any person 
who shall sell, lend, give away, or show, or shall have in his pos- 
session with intent to sell, give away, or show or shall advertise 
or otherwise offer for loan, gift or distribution, any book, pamphlet, 
magazine, newspaper, or other printed paper devoted principally 



318 SCHOOL LAWS OF WISCONSIN. 

to the publication of criminal news, police reports, or accounts of 

criminal deeds, or pictures and stories of deeds of bloodshed, lust 

or crime, shall be guilty of a misdemeanor, and upon conviction 

thereof, shall be sentenced to pay a fine of not less than fifty nor 

more than five hundred dollars. (IDOl c. 256) 

School officers should take especial care to inform pupils of the 
force and effect oi this law. Much serious difficulty and expen- 
sive litigation may be easily avoided by so doing. 

Use of tobacco prohibited; persons under 16 years; thirty days 
imprisonment. Section 46 08v. Every person under the age of 
sixteen years who shall smoke or use cigarettes, cigars or tobacco 
on any public road, street, alley or park or other lands used for 
public purposes or in any public place of business or amusement, 
except when in company of a parent or guardian, shall be punished 
by a fine of not more than ten dollars or by imprisonment for not 
exceeding thirty days. (1901 c. //GS) 

Ten dollar penalty. Section 460 8w. Any person who shall per- 
mit any person under the age of sixteen years who shall not be in 
the company of a parent or guardian to use cigarettes, cigars or to- 
bacco in any form in or upon premises occupied by him, shall be 
punished for the first offense by a fine of not more than ten dollars 
and for any subsequent offense by a fine of not more than twenty- 
five dollars or by imprisonment for not exceeding thirty days. 
fl907 c. J,63) 

This statute, while it has no direct reference to schools and 
educational matters, relates so particularly to the conduct of boys, 
including in age as it does very nearly all who attend the grades 
and the high schools in the cities and practically all who attend 
the rural schools, appears to warrant a more general distribution 
than is likely to be secured through the ordinary channels. For 
this reason it is printed in this pamphlet at this time with the 
hope that the attention of school officers, teachers and parents 
may be called to the matter and they may thereby be relieved 
from danger of liability to any of the penalties provided. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. [J19 



su(;gestive forms for the use of 
town and schooe officers. 



No. 1. 

Form of order organizing a new school district, to be filed with the 

town clerk. 

It is hereby ordered and determined that [here describe the terri- 
tory to be comprised in the district, by sections and parts of sec- 
tions] shall hereafter constitute a school district, to be' known as 

school district No. — ■, of the town of . 

Given under our hands, this day of , 19 — . 

(Signed) A B , 

C D , 

E F , 

Supervisors of the town of . 



Note. — For form of order organizing joint district, see No. 6. 
If created from an old district (or districts), give the district 
number and description of territory taken therefrom. 



No. 2. 



Form of notice for the first meeting of a school district, to be deliv- 
ered by the town supervisors to a taxable inhabitant of the 
district. 

Having, on the day of , 19 — , formed a new school 

district, to be known as school district No. — , of the town of 

, [or joint school district No. — , of towns of and 

, in case it be a joint district] comprising the following ter- 
ritory: [Here insert the description of the district, as in form No. 
1], you are hereby directed to notify every qualified voter (man 
or woman) of said district to attend the first meeting thereof, which 
is hereby appointed to be held at the hous§ pf — — - — , iv\ said dis- 



320 SCHOOL LAWS OP WISCONSIN. 

trict, on the day of , 19 — , at — o'clock in the 

noon, by reading this notice in the hearing of each such 

voter, or in case of absence from his place of residence, by leaving 
thereat a written notice of the time and place of such meeting, at 
least five days before the time appointed for such meeting, and 
thereof to make due return. (See form No. 4.) 

Dated at -, this day of , 19 — . 

(Signed) A • B , 

C — ■ D , 

E F , 

Supervisors of the town of . 



Note. — If it is a joint district, the notice must be signed by the 
supervisors of each town in which any part of the district lies and 
women as well as men must be notified. 



No. 3. 



Form of notice for first meeting, to be left at the residence of a 

voter when absent. 
To A. A.: 

By direction of the supervisors of the tovi^n of ■ -, you are 

hereby notified that the first meeting of school district No. ■ — -, of 

, recently formed, will be held at the house of - 

, , in said district, on the day of , 19 — , at 

o'clock in the noon. Your attendance is requested. 

(Signed) G ■ H , 

(Person appointed to give notice.) 



No. 4. 



Form of return to be endorsed upon notice received from town 
supervisors, on the formation of a school district. 

I hereby certify that I have notified the following named persons 
[here give the names in full], personally, and the following named 
persons [here insert names] by copy, according to the directions of 
the within notice. 

Pated this day of , 19 — . 

(Signed) G H ■ — , 

(Person appointed to give notice.) 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 321 

No. 5. 

Form of notice for a meeting of a school district to be delivered by 
the town supervisors, to a taxable inhabitant, in case there is 
no officer to call a meeting. 

To A. B., a taxable inhabitant of school district No. — , of -: 

You are' hereby directed to notify every qualified voter of school 

district, No . — , of , to attend a meeting thereof, which is 

hereby appointed to be held at the house of , in said 

district on the — day of , 19 — , at o'clock in the 

noon, by reading this notice in the hearing of such voter, or 

in case of absence from his place of residence, by leaving thereat a 
written notice of the time and place of such meeting, at least five 
days before the time appointed for such meeting. The following is 
a description of said district: [here describe the district as in form 
No. 1.] 

(Signed) A B , 

C D , 

E F , 

Supervisors of the town of . 

Note. — If it is a joint district, the notice must be signed by the 
supervisors of each town in which any part of the district lies. 



No. 6. 

Form of order organizing a joint school district. 

It is hereby ordered and determined that [here describe the terri- 
tory by sections and parts of sections] shall hereafter constitute a 

school district, to be known as joint school district No. , of 

the towns of [here insert the names of all the towns in which any 
portion of the district is situated]. 

Given under our hands, this day of , 19 — . 

(Signed) A B , 

C D , 

E F . 



Supervisors of the town of 

G H 

I J 

K L 



Supervisors of the town of . 

Note. — The above order must be signed by at least two super- 
visors from each town affected by it, and a copy must be filed 
with the town clerk of each town. If created from an old dis- 
trict or districts, give number of old district and a description of 
territory taken. 

21— S. L. 



322 SCHOOL LAWS OF WISCONSIN. ' 

No. 7. 

Form of acceptance of office by district officers elected at the first 
meeting after the formation of a district, to be filed with the 
clerk of the meeting. 

I hereby signify my acceptance' of the office of , of school 

district No. — , in the town of , to which I have been elected. 

Dated this day of , 19—. 

(Signed) G H -. 



No. 8. 



Form of notice to be given to the district clerks, treasurers, and 
directors when alteration of the boundaries of districts is con- 
templated or new districts formed. 

To C. D., Clerk of school district No. • — , of town of : 



You will take notice that we shall be present at [here mention 

the place], on the day of , 19 — , at — o'clock in the 

noon, to hear and decide upon certain proposed alterations 

of the boundaries of your school district. 

Dated this day of , 19 — . 

(Signed) A B , 

C D , } ' 

E F . ■ ' 



Supervisors of the town of . 

Note. — In case of a joint district, the above notice must be 
signed by a majority of the supervisors of each town, a part of 
which is embraced in the district or districts to be affected by the 
proposed alteration. Return must be filed in the office of town 
clerk of each town by person serving the notice. 



No. 8%. 



Form of "return" to be indorsed upon notice of final meeting of 
supervisors to alter district boundaries or to create a ne^w 
school district. 

To , clerk of the town of , county. 

Wis. : 

I hereby certify that on the day of , 19 — , I served 

upon — , known to me to be clerk [directgr or treasurer] of the 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 323 

school board of school district No. — , county of , personally 

[or by copy left at place of residence], a copy of the within notice. 

(Signed) . 

(Person serving notice). 

Note— If the district is joint— the towns (village or city) should 
be named in the return. A copy of the notice must be made part 
of the return. The town clerk or any one designated at the pre- 
liminary meeting can serve this notice — or several persons may, 
for convenience, perform this duty. The return should be filed 
in the office of the clerk of each town (or village or city) in case 
joint districts are involved. The notice must be served at least 
five full days previous to the second meeting. 



No. 8a. 



Form of application for alteration of the joint school district, under 
provision of Chapter 218, Laws of 1903, Section 419a, of this 
school code. 

To A B : 



Chairman of the Town of 
County of 



We, the undersigned, members of the town board of supervisors of 

the town of , county of , do herewith make application to 

have [here describe the territory which it is desired shall be taken 
from one district and made part of another] detached from school 

district No. — [joint] of the town [or towns] of , ■ 

county, Wisconsin; and in order that a hearing may be had as to the 
advisability of the transfer of territory you are requested to fix a 
time for the joint meeting of the boards of supervisors [or board 

of trustees or common council] of the towns of and ; 

said meeting to be held not less than ten nor more than twenty 
days after this application is placed in your hands. 

Note. — If the chairman, etc., attempts to call the meeting he 
must not only notify the supervisors as described above but he 
must notify the clerks of the different districts, as provided for 
in section 418 of the statutes, and a "return" that the clerks have 
been so notified must be filed in the office of the clerk of each 
town by the person serving the notice. It is advisable that the 
person serving tire notices upon the clerks shall serve notices upon 
the treasurer and director, making suitable "return." 



No. 9. 

Form of order for altering the boundaries of a school district. 

It is hereby ordered and determined that the [here describe the 
territory by sections and parts of sections] now part of school d|si- 



324 SCHOOL LAWS OF WISCONSIN. 

trict No. — , of the town of , be and hereby is taken from 

said school district, and attached to and made a part of school 
district No. — , of said town for all purposes whatsoever. 

This order will take effect on the day of , 19 — . 

Given under our hands the day of , 19 — . 

(Signed) A B , 

C D , 

r : ' E F , 

i Supervisors of the town of . 



Note 1. — The above order must be filed with the town clerk and 
the district clerk; and in case of a joint district the order must 
be signea by a majority of the supervisors of each town, a part 
of which is embraced in the district and filed with the town clerk 
of each town, and the district clerk of each district affected by 
the alteration. 



No. 10. 



Form of order of town supervisors awarding proportion of value of 
property to new district. 

To the district clerk of school district No. — , of the town of : 

Having formed a new school district, No. — , of the town of 
, in part [or wholly] from the territory of your district, we 



have ascertained and determined the proportion of value of the 
schoolhouse and other property, justly due to such new school dis- 
trict from your district, retaining such schoolhouse and other prop- 
erty to be dollars. You are therefore to raise and collect 

by tax, upon the taxable property of your district, the said sum of 

dollars, and when collected pay the same to the treasurer 

of said new district. 

Given under our hands this day of , 19 — . 

(Signed) A B , 

i C D' , 

; , . E F , ' 



Supervisors of the town of . 

Note.— In the case of a joint district, the above notice must be 
signed by a majority of the supervisors of each town embraced, in 
part, in the district. 



No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school district 

No. — , of the town of , that the annual meeting of said 

district for the election of officers ^nd the transaction of other 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 325 

business, will be held at , on the first Monday, being the 

day of July, at 7 o'clock in the afternoon [unless some other 

hour was determined upon by the district at the previous annual 
meeting]. 

Dated this day of , 19 — . 

(Signed) C D , 

District Clerk. 

NoTE.^ — A copy of the above notice must be affixed to the outer 
door of the schoolhouse, if there be one in the district, and must 
be posted up in at least three other public places, at least six days 
before the time appointed for the meeting. 



No. 12. 



Form of notice for an adjourned district meeting, when such meeting 
has been adjourned for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified electors of 

school district No. — , in the town of , will be' held at , 

in said district, on the — - day of , 19 — , at — o'clock in 

noon, pursuant to adjournment of the annual [or special] 

meeting held [here give the date]. 

Dated this day of , 19 — . 

(Signed) C D , 



District Clerk. 

Note. — The foregoing must be posted the same as for the an- 
nual meeting. 



No. 13. 

Form of request for clerk to call a special district meeting. 
To A. B., clerk of school district No. — of the town of 



Sir: — You are hereby requested to call a special meeting of the 

above district on the day of , 19 — , at o'clock 

in the — noon, for the purpose of [here state the business to be 

transacted]. 

(Signed) A B 

C D 

E F 



G H- 

I J- 



NoTE. — The above notice must be signed by at least five legal 
voters and no matter if 40 things are to be voted on each item 
must be specified in the request. Better eight or ten names than 
just five. 



326 SCHOOL LAWS OF WISCONSIN. 

No. 14. 

Form of notice for special district meeting. 

Notice is hereby given to the qualified electors of school district 

No. - — •, in the town of — , that a special meeting of said district 

will be held at , on the day of , 19 — , at 

o'clock in the -noon, for the following objects: [Here 

particularly specify each item of business to be acted upon.] 
(Signed) C Di , 



District Clerk. 

Note. — The above must be posted as for an annual meeting, 
and in case it is intended to raise a tax, or vote a loan, three- 
fourths of the legal voters, men and women, must be personally 
notified of the meeting, or a copy of the above notice must be left 
at their places of residence, at least six days before the time ap- 
pointed for the meeting. The person serving the notice must 
make due return^ of persons served and manner of service. (See 
form 4.) 



No. 14a. 



Form of notice for special school meeting for the purpose of author- 
izing the district board to borrow money from the trust funds 
of the state, and to vote the taxes required by law to be voted, 
in order to obtain such loan. 

Notice is hereby given to the qualified voters of school- 
district No. - — , town of , that a special school meeting of 

said district will be held at , in said district on the 

day of , 19 — , at o'clock P. M., for the purpose of 

voting on the following propositions, viz.: 

1st. To authorize the' school board to make application for a loan 

of — ■ dollars from the state trust funds, payable in 

years, with interest at the rate of - — ■ — — per cent per annum 
payable annually in advance, for the purpose of building a school- 
house. 

2d. To raise by tax a sum sufficient to pay the principal and 
interest of such loan as it becomes due. 

(Signed) , 

Dated . District Clerk. 

Before calling this meeting three or four of the persons di- 
rectly interested should meet, read what is said under the head 
of "Borrowing Money" in this code and agree upon the amount to 
be borrowed ana other business to be transacted and see that the 
request is made accordingly. "Return" of service of notice must 
be made. (See form 4.) 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 327 

No. 15. 

Form of notice to be given by the clerk of a school district meeting 
to the officers elect who were not present at the meeting. 

To : 

You are hereby notified that at a meeting of school district No. — , 

in the town of , held on the day of , 19 — -, 

you were duly elected of said district. 

Dated this day of , 19 — . 

(Signed) C D , 

Clerk of said meeting. 

Note. — This notice is required to be given within five days after 
the meeting, and only to those persons elected to office who were 
not present at the time. 



No. 16. 



Form of refusal to accept district office, to be filed with the clerk of 

the district. 

To the clerk of school district No. — , in the town of : 



You are hereby notified of my refusal to accept the office of 
, to which I was elected at the meeting of said district, held 



on the day of , 19 — . 

(Signed) G H . 

Note. — This notice of refusal must be filed within ten days after 
the election, or the person will be deemed to have accepted the 
office, and be liable for nonperformance of duty. 



No. 17. 
Form of an appointment to fill a vacancy in the district board when 

ten days have not elapsed. 
To A. B.: 

The office of [clerk, director, or treasurer] of school district No. 

— , of the town of , having become vacant, you are hereby 

appointed to fill such vacancy until the next annual meeting in said 
district. 

Dated this day of , 19 — . 

(Signed) G H , 



Director. 



E- 



Treasurer. 
[Or other members of the board as the' case may be.] 

Note. — It requires two members of the board to make an ap- 
pointment. If they neglect for ten days to fill the vacancy, it 
must be done by the town clerk, after the following form; in 
either case the appointment must be filed with the district clerk. 



328 SCHOOL LAWS OF WISCONSIN. 

No. 18. 

Form, when the town clerk appoints. 
To A. B.: 

The office of [clerk, director or treasurer] of school district No. 

— , of the town of , having become vacant, and the district 

board of said district having failed to fill the same' within ten days 
you are hereby appointed to fill such vacancy until the next annual 
meeting of said district. 

(Signed) C D , ' 

Town Clerk. 

Note. — In case a vacancy in a joint district is to be filled by the 
town clerk, the appointment is to be made by the clerk of the 
town (village or city) containing the schoolhouse. (See sec. 433.) 



No. 19. 

Form of refusal to accept a district office by appointment. 

To the district board of school district No. — [or the town clerk as 

the case may be], of the town of : 

You are hereby notified of my refusal to accept the office of • 



of school district No. — , of said town, to which I was appointed by 

you on the day of , 19—. 

Dated this day of , 19 — . 

(Signed) G H . 

Note. — The notice of refusal must be filed with the clerk or di- 
rector within five days after the appointment, or the person shall 
be deemed to have accepted the office, and be liable to a fine for 
nonperforance of duty. 



No. 191,^. 

Form of notice that may be sent by two members of the board to 
the third member calling a board meeting. 

To A. B. ■ , of district No. - — •, town of : 

Dear Sir: — You are hereby notified that a meeting of the board 

of this district will be held at at o'clock of the 

■ noon [day of the week, month, date] 19 — . 



Dated , 19 — . 

(Signed) C- 



[office]. 



E F- 



[office]. 

Note. — This notice must be served at least 24 hours before the 
hour fixed upon for the meeting. It will be a good plan to include 
in the notice one or two of the principal items of business to be 
transacted. Any business that may come up can however be 
transacted, specification is not necessary. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 329 

No. 20 (Deed). 

Form of deed of a schoolhouse site. 

Know all men by these presents, that I, A. B. [and C. B., his wife, 

if married], of the town of — , in the county of , in state 

of Wisconsin, party of the first part, for and in consideration of the 

sum of dollars to them in hand paid by the district board of 

school district No. , of the town of , county of , 

and state aforesaid, the receipt whereof is hereby acknowledged, 
do hereby grant, bargain, sell and convey to the said school district, 
party of the second part and their assigns, the following described 
piece of land, namely: [Here insert description of land], together 
with all the privileges and appurtenances thereunto belonging: To 
have and to hold the same to the party of the second part and their 
assigns forever; and the said party of the first part for themselves, 
their heirs, executors and administrators, covenant, bargain, and 
agree, to and with the said party of the second part and their assigns, 
that at the time of the sealing and delivery of these' presents, they are 
well seized of the premises above conveyed, as of good, sure, perfect, 
absolute', and indefeasible estate of an inheritance in the law in fee 
simple and that the said lands and premises are free from all in- 
cumbrances whatsoever, and that the above bargained premises in 
the quiet and peaceable possession of the third party of the second 
part and their assigns, against all and every person or persons law- 
fully claiming, or to claim, the whole or any part thereof, the said 
party of the first part will forever warrant and defend. 

In witness whereof, the said A. B. and C D., his wife, party of 

the first part, have hereunto set their hands and seals, this 

day of , A, D. 19 — . 



A B , [Seal.] 

C D , [Seal.] 



Signed, sealed and delivered 
in the presence of 

E F 

G H 



Note. — Such deed should be duly acknowledged before a notary 
public, justice of the peace, or other officer authorized by law to 
take such acknowledgment, and recorded in the office of the regis- 
ter of deeds for the county. 

Form of lease. 

Know all men by these presents, that A. B., of the town of 
, in the county of , in the state of Wisconsin, of 



the' first part, for the consideration herein mentioned, does 
hereby lease unto "school district No. — , of the town of ," 



330 SCHOOL LAWS OF WISCONSIN. 

county of , in the state aforesaid, party of the second part, 

and their assigns, the following described parcel of land: [Here 
insert description of land.] Together with all the privileges and 
appurtenances thereunto belonging: To have and to hold the samo 

for and during the term of years, from the ' 

day of , A. D. 19 — ; and the said party of the second part 

for themselves and their assigns, do covenant and agree to pay to 
said party of the first part, for said premises, the annual rent of 

dollars. 

In testimony whereof, the said parties hereunto set their hands 

and seals, this day of , 19 — . 

A B , (Seal) 

Lessor. 
C D . 



E F , 

G H , 

District board of school district No. — , 
of the town of • . 



No. 21. 

Form of contract between district and teacher. 

It is hereby agreed between school district No. — , of the town 

of , and L. M., a qualified teacher of the county of ■ 

[or superintendent district No. — , of the county of , as the 

case may be] that the said L. M. is to teach the' common school 
of said district for the term of [here insert the time], for the sum 

of per month, commencing on the day of , 

19 — -, it being understood and mutually agreed that days 

shall constitute a month; and for such services properly rendered, 
the said district is to pay to the said L. M., in monthly (or weekly) 
installments, the amount that may be due according to this con- 
tract, on or before the day of , 19 — . 

Dated this day of , 19 — . 

(Signed) A B Director, 

C D^ , Treasurer, 

E F , Clerk, 

L M , Teacher. 

If the teacher holds a limited certificate, for a single town of 
district, the contract may read: "a qualified teacher of said town," 
or "said district." 

In case the teacher is employed in a graded school, the particu- 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 33I 

lar department for whichi he is engaged may be specified, and the 

contract may read: " dollars per week," if hired by the 

week. 

By section 459 it will be seen that 20 days constitute a teach- 
er's month, unless otherwise specified in the contract. When the 
teacher is hired at so much a month it is best always to specify 
in the contract how many days of teaching shall be considered a 
month. 

All legal holidays occurring while school is in session, count as 
school days for both teacher and district, if they come on a day 
when school would otherwise be taught, but as the law now pro- 
vides Saturdays are not to be counted. If a legal holiday occurs 
on Sunday, the succeeding Monday is a legal holiday. 

If the teacher is expected to build the fire, or cleanse or other- 
wise care for the schoolhouse, it should be so stated in the con- 
tract. If not specially provided for, the district board must pro- 
vide for janicor service. 

If the teacher expects the wages to be paid in monthly install- 
ments, or in partial payments of any kind, that should be clearly 
stated in the contract. 

The contract must be signed by at least two members of the 
board, and cannot lawfully be made, until a meeting of the board 
has been held. A copy of the certificate held by the teacher 
should be attached to the contract. See section 438. 



No. 22. 



Form of bond of district treasurer to be filed with the district 

clerk. 

Know all men by these presents, that we, E. F., treasurer of 

school district No. — , of the town of , and L. M., his surety, 

are held and firmly bound unto said school district in the' sum of 
[here insert the sum of double the amount to come into the treas- 
urer's hands, as near as can be ascertained] to be paid to the said 
school district, for the' payment of which, well and truly to be made, 
we bind ourselves, our heirs, executors, and administrators, joint- 
ly and severally, firmly by these presents. Sealed with our hands 
and dated this day of , A. D. 19 — . 

The condition of the above obligation is such that if the said 
E. F., treasurer as aforesaid, shall faithfully discharge the duties 
of his office as treasurer of said school district, and shall well and 
truly pay over to the person or persons entitled thereto, upon the 
proper order therefor, all sums of money which shall come into 
his hands as treasurer of said district, and shall, at the expiration 
of his term of office, pay over to his successor in office all moneys 
remaining in his hands as treasurer aforesaid, and shall deliver to 



332 SCHOOL LAWS OF WISCONSIN. 

his successor all books and papers appertaining to Ms said office, 
then this obligation shall be void, otherwise of full force and virtue. 

E F , (Seal.) 

L M , (Seal.) 

Signed, sealed and delivered in 
presence of 

R S , 

G H . 

21 — S. L. 
Form of approval to be endorsed on the bond of treasurer. 
We approve of the within bond and surety. 

(Signed) G H -, Director, 

C D , Clerk 

If a treasurer does not file his bond in due time, the office be- 
comes vacant. (See section 962 printed under section 433.) 



No. 23. 

Form of notice to treasurer to furnish additional security. 

To A. B., treasurer of district school No. — : 

Sir: — Deeming the security upon your bond insufficient to protect 
the district against loss, we hereby require you to furnish a new 

bond in the sum of $ — — , with sureties to be approved by us, 

within ten days of the date hereof. 

(Signed) C D , Director, 

E F , Clerk. 

Refusal to comply with this notice vacates the office. (See section 
962 under section 433). 



No. 24. 



Form of order on treasurer for moneys to be disbursed by school 

district. 

To A. B., treasurer of school district No. — , in the town of : 



Please pay to the sum of dollars for [here 

specify the object for which the money is to be paid], out of any 
money in your hands, not appropriated, belonging to the [here name 
the fund on which the order was drawn], of said district. 

Dated this day of ■ , 19 — . 

(Signed) C D , District Clerk, 

Gr H , Director. 



FORMS FOR USB OF TOWN AND SCHOOL OFFICERS. 333 

No. 25. 

Form of school register to be kept by the teacher of each school. 

The register furnished by the district should be one arranged in 
four parts. The first part should consist of blank pages for entering 
the daily program of recitation and study. Following is a model 
part page: 

Daily Programme of Recitation and Study. 

For term from to 19 . . 



, Teacher. 



Recitations. 


Textbooks. 


Study and Work. 


Beginning. 


Class. 


Form. 


Hr. 


Min. 


Brancli. 


Book. 


Primary 
form. 


Middle 
form. 


Upper 
form. 




































1 
















1 






















































































The second part of the register should consist of blank pages for 
entering the school number, name, age, sex, daily attendance and 
tardiness of every pupil who attends the school, with a blank column 
at the right of the page, if desired, for a monthly summary, and 
one for "remarks." Following is a model for this section. Usually 
there is space for four months of record upon two contiguous pages. 



Teachers' Daily Register for the Term Commencing 
Ending , 19 — . 



-, and 



School Months, from 



to 



-, Teacher, 



334 



SCHOOL LAWS OF WISCONSIN. 









Sex. 
























Monthly 

Summaries. 




































^ 1 




















l>i 










>. 










>i 


Remarks. 


a 


f1 


6 


oj 







fc4 

o3 


-a 

CD 


o3 


o3 


■a 
a 


03 

-a 

75 


C 

-a 


3 


03 


li 


a 

tn 





s 




^ 


a 


bt 


03 


0) 


O 


:3 




•fl 




o 






.a 


*j^ 




:« 


si 




'<, 


^ 


-^ 


S 


LXl 


s 


H 




H 


fa 


S 


H 


:? 


H 


fa 


H 


Q 


Q 


H 
































... 













The third part of the register should consist of blank pages for 
showing the classification of the school, and recording the progress 
and standing of each pupil in the several branches of study pursued. 
Following is a model page of this section, which can be repeated for 
each class in the school: 



First (or Second, or Third) Class in Geography. 

Winter (or spring or fall) Term, beginning ending. 

Class commenced Geography and advanced to page. 



6 


Name. 


bt 


Entered. 


Left. 


Passed 

over 

pages. 


bt 

C 
03 


Prepared 

to go on 

from. 


Remarks. 


1. 
2. 

3. 

i 


John Jones 
Jane Smith 

H. Peters. 


15 
13 

14 


Nov. 1. 
Nov. 8. 

Nov. 10. 


March 5 
March 8 

March 5 


19-78 
25-68 

19-66 


100 
68 

100 


Page 78... 
Page 68. . . 

Page 66 . . 


Studious. 

Inclined to be 
frivolous. 

Mother sick. 
Made up all 
gone over 
lo Nov. 10, 
Will prob- 
ably make 
up during 
vacation to 


















page 78, so 
as to go on 
with class. 



The fourth part of the register should consist of a pupil's record 
for the' school year, or ledger, which will be statistics posted from 
the daily register, and upon which the clerk may depend for making 
up his annual report for the town clerk. In this record a pupil's 
name should be entered but once in any one school year. In all the 
series of records each pupil should be given a school number, which 
should carry through the school year, whether attetiding school much 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 3;35 

or little, and this number should be assigned to no other pupil during 
that year. Following is the form of this section that may be used: 



Pupils' Recoi'd for the School Year Cominencing 
and Ending , 19 — . 



-, 19 — , 





Name. 


< 


Sex. 1st Month. 


2nd Month. 




No. 


6 


6 
S 


i 

en 
eS 

Q 


G 

•< 

tr. 

>> 
eS 

Q 


en 


D 


Daj's Absent. 


>> 

(33 
V 

s 


Remarks 






























































! 






1 





















Notes.— In filling up the daily register, the teacher will of 
course, use her own preference in signs. The following are sug- 
gested: To indicate presence in the morning this mark — ^i to 
indicate presence in the afternoon this mark — \; so that if the 
pupil is present morning and afternoon this sign will appear 
against the name for that day— X. If tardy in the morning the 

1 

number of minutes may be placed in the upper angle, thus — X ; 
if tardy in the afternoon, indicate in the same way thus — X. 

1 5 

The teacher should take the age of the child, when taking the 
name, and indicate the sex, as initial letters fail to give the neces- 
sary information. 

The teacher should carefully add the columns in the daily 
register at the end of each month, which need to be transferred to 
the ledger and enter the summary therein accurately and legibly. 

It is very desirable that each district in the state be fully and 
accurately reported. If one district in a town fails to report 
fully, the whole town suffers from this failure, in comparison 
with ottier towns that may be fully reported. 

That the register be neatly kept, it will be best for the teacher 
to use a small blank book, in which may be registered the ab- 
sences for the day, and then at night the register may be properly 
filled and footed. 

Forms of school registers are now published, which are so ar- 
ranged that all the foregoing items are condensed and kept in a 
single book. In procuring registers school officers should consult 
teachers or superintendent, and purchase only such as are best 
adapted to simple yet complete records. 



336 



SCHOOL LAWS OF WISCONSIN. 



No. 26. 



Form of notice to town treasurer of apportionment of school moneys 

by the town clerk. 
r; 

Treasurer of the town of : 

You are hereby notified that I have apportioned the school moneys 
now in your hands, to the different districts of the town, as follows: 



To district No. 1 . . 

do 2 . . 

do 3 . . 

. do 4 . . 

. do 5 . . 



To district No. 6 

do 7 

To joint dist. . 1 

do 2 

do 3 



Dated this 



day of 



19 — . 



(Signed) 



Town Clerk. 



Note. — Immediately upon the receipt of the certificate of the 
town treasurer, of the amount in his hands (See form No. 27), the 
clerk shall proceed to apportion it among the several districts of 
the town from which reports have been received according to 
law, and thereupon he must notify the treasurer as above, that he 
may pay the moneys to the treasurers of the districts entitled 
thereto. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands subject 
to apportionment. 



To the town clerk of the town of : 

I hereby certify that there is now in my hands the sum of 
$ ^ school moneys, subject to apportionment to the school 



districts entitled thereto. 

Dated this day of 

(Signed) 



19- 



B- 



Town Treasurer. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 337 



No. 28. 

Form of report of town clerk to the county superintendent, of the 
names and post office addresses of the district clerks in his 
town. 

To the county superintendent of schools of the county of : 

Sir: — I hereby report to you the narpes of the school district 
clerks in the town of , and their addresses, as follows: 



District. 


Name of Clerk. 


Post office. 


No. 1 


A. B 




No. 2 


C. D 




No. 3 


E. F 




No. 4 


G H 




No. 5 


I. K 




No. 


L. M 




Joint No. 1 


N. O 




2 


P. R 




3 


S.T 











(Signed) 



W- 



Town Clerk. 



Note. — The town clerk must report his own name and post office 
to the county superintendent within ten days after the said clerk's 
election, or appointment, and the name and office of each district 
clerk in his town, within ten days after the filing of the same in 
his office. 



No. 29. 



Form of determination of relative proportion of taxes to be assessed 
upon the dilferent parts of a joint district, situated in two or 
more' towns. 



Upon the application of A B , C D : — , 

and E F , taxpayers in joint school district No. — , 

of the towns of and , we have made the necessary 

inquiry and examination, and do hereby determine that for every 
dollar of district tax to be hereafter levied upon that portion of 
the district, the sum of cents shall be assessed upon that 

22— S. L. 



338 SCHOOL LAWS OF WISCONSIN. 

portion of the district lying in the town of , and 

cents upon that part lying in the town of . 

Dated this day of , 19 — . 

(Signed) G H , 

J K , 

L M . 



Assessors of 

N O 

P R 

S T 



Assessors of 



Note. — If assessors cannot agree, and the supervisors, or super- 
visors and chairman of an adjoining town are called to act, they 
will also sign the above. See section 471. 



No. 30. 



Form of statement of the amount of taxes voted to be raised in a 
school district, to be delivered by the district clerk to the town 
clerk. 

To R S , Town clerk of the town of . 



The amount of taxes voted to be raised in school district No. — , 

of the town of , at the' last annual meeting of said district, 

held on the day of July, 19 — , is [write the amount 

in words] dollars; which amount you are requested to assess upon 
the taxable property therein. 

Dated this day of , 19 . 

(Signed) C D , 

Clerk of School District No. — of the town of . 



State of Wisconsin, County of , ss. 

C D , being duly sworn, on oath says that he is 

clerk of school district No. — , of the' town of , and the above 

statement by him made of the amount of taxes voted to be raised 
by said school district therein is true. 

(Signed) C D . 

Subscribed and sworn to before me 

this day of , 19 — . 

(Signed) J P , 

Justice of the Peace (or any officer qualified to admin- 
ister an oath). 

Note.— If a district has been lately organized and a tax was 
voted at the first meeting, as well as at the annual meeting, that 
should be stated; also any tax voted at a special meeting, held 
between the time of the annual meeting and the third Monday of 
November following. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 3.39 



No. 31. 

Form of statement of the' amount of taxes voted to be raised in a 
joint district, to be delivered to the clerk of each town in which 
any part of the district is situated. 

To R S , town clerk of the town of : 

The amount of taxes voted to be raised in joint school district No. 

— , of the towns of and , at the' last annual meeting 

of said district, held on the day of July, 19 — , is [write the 

amount in words] dollars; and the proportion of that amount to be 

raised in that part of said district which lies in the town of , 

is [write the amount in words] dollars, which you are requested to 
assess upon the taxable property therein. 

(Signed) C D , 

Clerk of Joint School District No. — 
Of the towns of and . 



Note. — Attach aflBdavit of the district clerk similar to the one 
given in form No. 30. 



No. 32. 



Form of application to board of supervisors to establish a school- 
house site. 



To the board of supervisors of the town of : 

At a regular meeting of school district No. — , it was decided 
by a vote of a majority of the' electors present, to apply to your 
honorable board to establish a schoolhouse site for said district. 
The district has selected [here describe the location and area of the 
site selected], but is unable to obtain the same, for the reason that 
the owner of the land selected will neither lease nor sell the same 
to the said district [or that the owner is a nonresident]. 

(Signed) A B , 

District Clerk. 



No. 33. 



Form of certificate of district clerk that the notice for the meeting 
of the supervisors to establish a schoolhouse site has bee"n given. 

To the board of supervisors of the town of : 



I hereby certify that on the day of , I served the 



340 SCHOOL LAWS OF WISCONSIN. 

following notice upon the owner and occupant of the land therein 
described: [Here insert the notice in form 34.] 

Dated this day of , 19 — . 

(Signed) A B , 

District Clerk. 

Note. — In case there is no account of the land selected for a 
site, and the owner is unknown or resides out of the state, the 
notice must be published in the nearest newspaper, for six weeks 
previous to the meeting of the board of supervisors, and the above 
certificate must state the facts of such publication, instead of 
personal service. 



No. 34'. 



Form of notice for meeting of supervisors to decide upon an appli- 
cation to locate and establish a schoolhouse site. 

The undersigned will be present at , on the days of 

, at o'clock in the noon , to decide upon the 



application of school district No. — , for the location and establish- 
naent of a schoolhouse site for said district upon [here describe the 
lands and area upon which it is proposed to establish a site]. 

Given under our hands, this day of , 19 — . 

A^ B , 

\ C D , 

E F , 



Supervisors of the town of 



Note. — In case the application is made by a joint district, the 
supervisors of all the towns in which any part of the district is 
situated must sign the above notice and be present at the meeting 
to establish the site. 



No. 35. 



Form of certificate of action of town board of supervisors in locating 
and establishing schoolhouse site. 

We" hereby certify that on the day of , A. D. 19 — , 

we located and established a schoolhouse site for school district No. 
— , comprising the following described territory [here describe the 
lands taken for a site according to the survey of the' same], and 

award the sum of dollars in full as compensation to the 

owner [if there are two or more owners of the lands taken, specify 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 34I 

the amount awarded to each], of the lands thus taken for said 
schoolhouse site. 

Dated this day of , 19 — . 

(Signed) A B , 

C D , 

E F , 

r Supervisors of the town of . 



Note. — The certificate of the action of town boards of super- 
visors in locating and establishing an addition to a schoolhouse 
site will be the same as above, except that in the second line, 
after the word "established," the word "a" will be omitted, and 
the words "an addition to the" will be inserted; and the last two 
lines will be made to read "taken for said addition to said school- 
house site." 

Duplicates of the above certificates must be made out, and one 
of them must be delivered to the owner or occupant of the land 
taken, and the other to the district clerk of the district, who 
must have the same recorded in the offlce of the register of deeds 
of the county in which the site is situated. 



No. 36. 



Form of certificate of the sheriff of a vacancy in the oflBce of county 
superintendent of schools. 

To — , State Superintendent: 

Sir: — I hereby certify that a vacancy in the office of county 

superintendent of schools for county, Wisconsin, occurred 

on the day of , 19 — , by [here state the cause of the 

vacancy, whether by death, resignation, removal from the county, 
or the removal from office of the incumbent]. 

Given under my hand and seal of office, this day of 

, 19 — . 

(Signed) A B , 

Sheriff of County, Wisconsin. 



No. 37. 



Form of certificate of a county clerk, for the division of a county into 
two superintendent districts, and of a consequent vacancy in 
the office of county superintendent of schools. 

To , State SuperinteTident: 

Sir: — I hereby certify that on the day of , 19 — , 

the board of supervisors of the county of , divided said county 



542 



SCHOOL LAWS OF WISCONSIN. 



into two superintendent districts; that they have determined that the 
present county superintendent shall have jurisdiction of district No. 
— , and that district No. — , therefore remains vacant. 

Given under my hand and seal of office, this day of , 

19 — . 

(Signed) A B , 

County Clerk of County, Wisconsin. 



No. 38. 



Form of statement of number of children of school age in a county, 
made by county superintendent for county treasurer, and county 
clerk. 



To A- 



B- 



-, treasurer [or clerk] of the county of 



Sir: — The following is the number of children over the age of 
four and under the age of twenty years, in those districts of the 
several towns in this county [or superintendent district as the case 
may be] which have maintained school for eight or more months the 
past school year, as returned to me' by the town clerks: 



Town. 


Number of Clnldren. 


Town. 


Number of Children. 


A 




D 




B 




E 




C 




F 













Dated this fifteenth day of August, 19 — . 

(Signed) G ■ H , 

County Superintendent of Schools for County, 



Note. — The above statement must be filed with the county treas- 
urer and county clerk on or before the fifteenth day of August in 
each year. 



No. 39. 

Form of notices to teacher and district clerk of the intention of the 
county superintendetit to annul said teacher's certificate. 

To A B , teacher in school district No. — , town of 



Sir: — You are hereby notified that it is my intention to annul the 
certificate of qualification now held by you as a teacher. 

(Signed) B B , 



County Superintendent of Schools for 



County. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 3^,3 
To E F , clerk of school district No. — , of the town of 



Sir: — You are hereby notified that it is my intention to annul the 

certificate of qualification held by , now employed in 

teaching in your district. 

Dated this day of , 19 — . 

(Signed) B B , 

County Superintendent of Schools for County. 

Note. — The above notices must be served upon the teacher and 
district clerk at least ten days before the certificate is annulled. 



No. 40. 

Form of annulment of teacher's certificate and notice to town clerk. 
To A B : 



Sir: — The certificate of qualification held by you as a common 
school-teacher in the county [or superintendent district or town] of 

■ , issued on or about the day of , 19 — , is hereby 

annulled. 

Dated this day of -, 19 — . 

(Signed) C D , 



County Superintendent of Schools for County. 

NoTK. — The above annulment will not take effect until the fol- 
lowing notice has been filed with the town clerk of the town in 
which the teacher whose certificate is annulled is engaged in 
teaching. 

To the town clerk of the town of : 



Sir: — You are hereby notified that on the day of , 

A. D. 19 — , I annulled the certificate of qualification held by A 

B , a teacher of your town, for the reason that in my opinion, 

the said A B does not possess the requisite qualifica- 
tions as a teacher in respect to [moral character, learning or ability 
to teach, as the case may be]. 

Dated this day of — , 19 — . 

(Signed) C D , 

County Superintendent of Schools for the County of . 



344 SCHOOL LAWS OF WISCONSIN. 

APPLICATION FOR DICTIONARIES. 
No. 41. 

Form of application for first supply of a school district. 
State of Wisconsin, County of , ss: 

, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has never been 

supplied with Webster's International Dictionary, by the state, as 
provided by law. 



District Clerk. 

Post office' . 

Subscribed and sworn to before me this day of 

19—. 



Send by express to , care of , 

Note. — The dictionary formerly known as "Webster's Unabridged 
Dictionary" is now known as "Webster's International Diction- 
ary." No district heretofore supplied with a dictionary under the 
former title will be entitled to a dictionary for re-supply free of 
charge under the present title. See section 509. Application 
blanks of all Kinds will be furnished by the state superintendent's 
office. 



No. 42. 

Form of application for supply of additional departments. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the fol- 
lowing department — in district No. — , in the of , 



m the county of , ha — never been furnished with Webster's 

International Dictionary by the state, as provided for by law; de- 
partment unsupplied, ; department heretofore supplied, . 



District Clerk. 
Post office — 

Subscribed and sworn to before me this day of . — 

19 — . 



Send by express to , care of 



FORMS FOR TTSE OF TOWN AND SCHOOL OFFICERS. 345 

No. 43. 

Form of application for supply of additional departments in cities. 

State of Wisconsin, County, ss. 

; being duly sworn, deposes and says that the pub- 
lic schools in the city of , county of , embrace • 

distinct departments in as many different rooms (not including reci- 
tation rooms), under different teachers, and that the following de- 
partments in said schools have never been supplied with Webster's 
International Dictionary, as provided by law: 



Departments unsupulied. 



Departments heretofore supplied. 



City Superintendent. 
Subscribed and sworn to before me this day of 



19- 



Send by express to 



-, care of 



No. 45. 



Form of application for re-supply, when dictionary previously fur- 
nished is lost. 



State of Wisconsin, 



County, ss. 



, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has lost by , 



the copy of Webster's International Dictionary heretofore furnished 
to said district by the state. 



District Clerk. 
Post office, 



Subscribed and sworn to before' me 
this day of • , 19 — . 



Send by express to 



-, care of 



Note.— The price of the dictionary must accompany the applica- 
tion. The price is $7.00. Indexed editions only are furnished. 



346 SCHOOL LAWS OF WISCONSIN. 



No. 46. 

Form of application for re-supply, when dictionary previously fur- 
nished is worn-out. 

State' of Wisconsin, ■ County, ss. 

, being duly sworn, deposes and says that the 

dictionary heretofore furnished to district No. — , in town of , 

county of , is so worn-out as to be unfit for use. 



District Clerk, 



Subscribed and sworn to before me 
this day of — -, 19 — . 



Send by express to , care of . 

The last two forms above can be altered to meet circumstances, 
in case the application for a re-supply is for a graded school in a 
city or village. 

Dictionaries are not furnished free for a re-supply, but at the 
cost to the state, viz.: Indexed, $7.00. The money, or a money 
order, or a draft must in all cases accompany the application. It 
is better to send a money order or draft, as the state is not re- 
sponsible if the money is lost. 

Applications for dictionaries must be made by the district clerk, 
the secretary of the town board, or the superintendent of the 
schools m a city, and the post office of the applicant should be 
given as well as the nearest express station. Dictionaries can- 
not be sent by mail. 



FREE HIGH SCHOOLS. ' 

No. 48. 

Form of resolution proposing establishment of a town free high 

school. 

In order that the question of establishing and maintaining a high 
school in the town of may be submitted to the electors there- 
of for determination, the following resolution is hereby proposed for 
adoption: 

Resolved, by the town board of the town of , That a high 

school be established and maintained in said town. The town clerk 
is directed to give notice that said resolution will be submitted to 
a vote at the annug,! meeting (or general election) to be held in said 
town on the day of -, 19 — , (or at a special meeting 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 347 

or election to be held on the day of , 19 — , which 

the town clerk is hereby required to call upon due notice). 

Dated this — day of , 19 — . 

(Signatures of Board.) 



NO. 49. 

Form of notice that foregoing resolution will be submitted to vote. 

Notice is hereby given to the electors of the town of , in 

the county of — ■. , that at a special election which is hereby 

called (or at the annual meeting or general election) to be held in 
said town on the day of , 19 — , the following resolu- 
tion will be submitted to the vote' of said electors: 

Resolved, etc. [as in the foregoing] ; and that at said election 
members of the high school board will be chosen, to take their 
offices if said resolution be' adopted, the clerk for one year, the 
treasurer for two years, and the director for three years; their re- 
spective terms of office beginning with the annual town meeting. 

Dated this - — day of , 19 — . 

(Signed) , Town Clerk. 

Note. — The above forms may be used with the proper changes, 
in the case of incorporated villages, or graded school districts, 
the call and notice to be signed by the village or district clerk. 

In case the call is for special school district meeting, it must be 
signed by at least five legal voters of the district, and the notice 
given at least six days before the time appointed. 



No. 50. 



Form of certificate to be forwarded to the state superintendent to 
secure participation in apportionment to free high schools. 

This certifies that on the day of , 19 — , the legal 

voters of the town of [or towns of , where two or 

more towns unite, or of school district No. — , town of , 

where vote is by a school district, or city, or village] adopted a 
resolution to establish and maintain a free high school in said town 
[or towns, or school district], and the' persons whose names are 
hereto appended have been duly elected to the office' appended to 
their names, respectively. We further certify that no [or one' or 

more] graded school exists in said of . The course 

of study adopted by said high school board for said high school Is 



\ I 

348 SCHOOL LAWS OF WISCONSIN. 

herewith submitted for the approval of the state' superintendent, and 

the names and examination papers of , pupils prepared to 

enter said high school, who are residents of said town [or towns, or 

school district] of , are herewith forwarded for inspection. 

The examination of these pupils was held on the day of 

, 19 — , and was conducted by . 

Dated at , this day of ■ -, 19 — . 

, Director, 

, Clerk, 

, Treasurer. 

Note. — With this certificate the examination papers of at least 
twenty-five pupils, residents of the high school district, should be 
forwarded. The character and scope of these examinations are 
commented upon in the high school pamphlet. Persons holding 
common school diplomas, teachers certificates, who have com- 
pleted eighth grade work in a graded school, or who have suc- 
cessfully done high school work for one semester may be counted 
without examination if under 20 years of age. 



No. 53. 



Notice to parent or guardian to send child to school under the pro- 
visions of chapter 446, laws of 1907. 

State of Wisconsin, County of • ■, ss. 

The State of Wisconsin to 



You are hereby and herewith commanded to cause to be sent and 
to send regularly to some public, parochial or private school 



(Names of children) 
of whom you have the legal control within five days from the day 
of personal service of this notice, or if this notice is sent or served 
by registered mail, within five days from the day that it was de- 
posited in the post office addressed to you, the child [or children] 
named above being between the ages of seven and fourteen yearg 
[or between the ages of fourteen and sixteen years and not regularly 
or lawfully employed as provided in chapter 523, laws of 1907]. 
And upon your failure to comply with this notice', you will be dealt 
with according to law. 

Given under my hand at this 

day of , 19. . .. 



Sheriff, Deputy Sheriff or Truant Oflacer 
of County, Wisconsin. 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 349 



NO. 54. 

Form of application for special state aid as provided for in chapter 
600, laws of 1907, to be made by the county or district super' 
intendent to the school officers of the district. 

Wis., 19 

To 

County [or District] Superintendent of Schools for 

County, State' of Wisconsin. 
Dear Sir: 

District No , of the town [or towns] of 

County of , State of Wisconsin, hereby makes 

application for special state aid according to the provisions of chap- 
ter 600, laws of 1907, and requests your approval of this application. 
We, the undersigned members of the school board of the abovd 
designated school district, being duly sworn, depose and say, each 
for himself and as a board, that the district has fully complied with 
all the provisions of chapter 600, laws of 1907, and with the re- 
quirements of the state superintendent as outlined in a department 
circular under date of August 10, 1907, inasmuch as they have main- 
tained an efficient school for the year ending June 30, 19. . . ; main- 
tained the grounds and school buildings in good condition, furnished 
first second and third supple- 
mentary readers, maps globes, 

chalk and erasers, installed an adequate and satisfactory heating and 
ventilating system, and maintained the' outbuildings according to 
the provisions of chapter 232, laws of 1907. 

P. O 

Director (or President). 

P. O 

Clerk (or Secretary). 

P. O 

' Treasurer (or Vice-president.) 

Personally appeared before me the above named 

and made oath that the above statements are true 

according to their best knowledge and belief 

Important: This application should be sent to the County Super- 
intendent between the fifteenth day of July and the first day of 
August and must be signed by the school officials in office at the 
time the report is made. 



350 SCHOOL LAWS OF WISCONSIN. 



No. 55. 

Form of inspection report to be made' by the county or district super- 
intendent of schools to the state superintendetit under the pro- 
visions of chapter 600. laws of 1907. 

District No , of the town [or towns] of 

County of 

Dates of inspection ; hours spent A. M ; P. M ; No. 

enrolled , No. present 

1. The teacher: 

Grade of certificate ; experience ; weeks' at- 
tendance at institute ; interest in work ; 

efficiency: poor, fair, good, excellent. (Underline one 
word.) 

Discipline ; conduct of recitation ; assign- 
ment of lessons ; spirit of school ; business 

efficiency of school Are pupils held to definite 

results? Is register properly kept? 

(Use words poor, fair, good, excellent, where these words will apply.) 

2. General condition of grounds 

3. General condition of building 

a. The floor ; the doors ; the windows ; 

the walls and ceiling ; the woodwork ; the 

shades ......; the entry ; the cloakroom ; 

the general appearance of room 

b. Condition of equipment: The seats and desks ; the 

blackboards ; the library books ; supple- 
mentary readers ; maps ; apparatus 

Is the school supplied with the minimum equipment of 

1. Supplementary: Primers ; first readers ; second 

readers ; third readers 

Dictionaries: Academic ; International ; maps 

; globes ; No. of square feet of blackboard 

; height from floor ; materials for busy work 

; chalk and erasers ; library case ; card 

catalog 

Is there an adequate and proper system of heating and ventila- 
tion? 

Does it work satisfactorily? If home made, does It com- 
ply with specifications of department circular of August 10, 
X907? ,,r.., 



FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 351 

Name of system 

Inside measurement of chimney ; size of fresh air intake 

; size of foul air outlet ; size of firepot 

; size of room ; length ; breadth 

; height 

Does the construction and location of the outhouses comply with 

the provisions of chapter 232, laws of 1907? 

Remarks : 

Make draft payable to Treasurer of 

P. O Wis. 

To the State Superintendent: 

I, the undersigned, county [or district] superintendent of schools 

for the county [or district] of state State of 

Wisconsin, do hereby recommend that the attached application of 

district No . . , Town [or towns] of County of , for 

special state aid be granted, said district having fully complied with 
the provisions of chapter 600, laws of 1907. This recommendation 
is made upon the basis of the inspection [or ins'pections] of the 
school during the school year closing June 30, 19. . . ., as specified 
in detail in this report. 

Date 



County [or District] Superintendent. 



ADDENDA— IMPORTANT 



Nonresident pupils; attendance in adjoining districts; 
maximum tuition fee. Section 1. — Section 435m of the stat- 
utes is repealed. 

Section 2. — There is added to the statutes a new section to 
read: Section 435o. 1. In all cases where nonresident children 
of school age shall be enrolled in and regularly attend school 
in a district maintaining a one or two department rural school 
or some department in a district maintaining a state graded 
school, or the grades in a district maintaining a free high school, 
or a school equivalent thereto, the school board or board of edu- 
cation of such district ,^'ball fix a fee for such attendance of non- 
resident pupils, the said fee in districts maintaining a rural 
school of one or two departments shall not in any case exceed 
one dollar per school montb. In districts maintaining a state 
graded school and in districts maintaining a free high school, 
or one equivalent thereto, shall not exceed one dollar and 
seventy-five cents per month for attendance of pupils at the 
grades at the state graded school, or the grades below the free 
high school. The payment of such tuition shall entitle the per- 
sons to all the rights and privileges enjoyed by resident pupils 
therein. 

2. It shall be the duty of each such school districi to admit 
such pupils; provided, the facilities for seating and instruction 
will permit, and such attendance will not cause an enrollment 
in any one room to exceed sixty-five persons. 

3. In cases where there are children of school age in a home 
located more than two miles from the schoolhouse in the home 
district and transportation is not provided, the distance to be 
measured by the nearest traveled highway, and there is another 
school in an adjoining district located at a distance of one-half 
a mile or more nearer to such home, the children of school age 

23— S. h. 



354 SCHOOL LAWS OF WISCONSIN. ■ " 

shall be privileged to attend the nearer school, and in such 
cases the school board, or board of education, of the school dis- 
trict in which such families reside is duly authorized by this 
section to pay, and shall pay, to the treasurer of the district in 
which the nearer school is located, and where such children at- 
tend school the sum per month fixed by said school board as tui- 
tion under the provisions of this section, upon filing with the 
clerk of the school district where the parents or guardians of 
such children reside a statement on or before the first day of 
July in each year, setting forth the residence, name, age, date lOf 
entrance to such school and the number of months' attendance 
during the preceding school year of each person so admitted 
from such district ; this statement shall show the rate per month 
of tuition and the amount of tuition due for each pupil. 

4. In all other cases it shall be the duty of the school board, 
or board of education, for persons living outside the district 
desiring to attend school below the ninth grade to enter into an 
agreement in writing with the parent or guardian of such per- 
sons for the payment of such tuition at the rate fixed above 
previous to the enrollment of such nonresident pupils in the 
school under its jurisdiction. 

This chapter is of considerable moment, as it changes certain im- 
portant features that have heretofore existed with regard to the mat- 
ter of tuition for nonresident pupils. It does not, however, mean that 
if the electors of a school district or the board of the school district 
in case the electors do not take any action upon the matter, are not 
privileged to permit the children to attend the school in their own 
district free of tuition. This privilege is not taken away. Further- 
more, it fixes a maximum limit only and members of the school hoard 
or electors of the district are free to fix any rate of tuition including 
or below this maximum limit. It will be noticed at the head of this 
law that section 435m, or chapter 183, laws of 1909, is repealed and this 
chapter 543 takes its place. Through some oversight section 435m 
(Chapter 183, Laws of 1909) is found in this code on pages 87 and 88. 
This chapter should have had a place on the above numbered pages. 



TABLE OF CONTENTS. 



Pago 

Academies .'JG— SO 

Alteration of School District Boundaries 45-50 

Appeals 21S-222 

Borrowing Money 104-1 70 

Certificates and Examinations 113-i:j() 

City Superintendent 273-275 

Colleges 35-yo 

Child Labor Law 294-309 

Compulsory Attendance Law 98-105 

Consolidation of School Districts 51-53 

Constitutional Provisions 1-3 

County Superintendent 140-153 

County Training Schools for Teachers 37-42 

County Schools of Agriculture and Domestic Science 233-236 

Coimty Uniformity of Textbooks 237-242 

Day Schools for the Deaf and Blind 257-200 

District OflScers 78-1 ] 3 

Distribution of School Fund Income 250-253 

Duties of Town, Village and City Officers 159-160 

Electors, Powers of 63-78 

Fire and Tornado Insurance Companies 309-315 

Formation of School Districts 42-53 

Forms for Use of Officers 319-351 

Free High Schools 185-211 

General Charter Law for Cities 260-268 

Heating and Ventilation 88-93 

Industrial, Commercial, Continuation and Evening Schools 243-248 

Judgment Against School Districts 183-184 

Libraries 176-182 

Miscellaneous Laws ; Penalties 223-232, 291-293, 314-318 

Penalties 223-225 

Powers of Boards of Supervisors 42-56 

Public Schools in Cities 275-289 

Reports 153-158 

Rural Schools 254-257 

Seven-tenths Mill Tax 289-291 

Schoolhouse Sites 173-176 



356 TABLE OF CONTENTS. ' ~ ' 

Page 
School District Meetings SG-Go 

State Graded Schools 212-215 

State Normal Schools 26-34 

State Mining School . 22-25 

State Superintendent 4-9 

State University 10-21 

Stout Institute 248-250 

Taxes 161-164 

Textbooks 105-107 

Teachers' Insurance and Retirement Fund 132-140 

Township System ■ 228-229 

Trade Schools 269-272 

Transportation of Pupils 216-218 

Union Free High Schools 205-211 



INDEX. 



ACADEMIES— Pas? 

graduates, military, ranlc of, suspension from inspection ;'>G 

if military,. to l)e inspected annually S't 

incorporated ; to report to state superintendent 35 

inspection of cadets 35 

inspecting oflBcer to report to governor 30 

ACCEPTANCE— 

must be in writing and tiled with the district clerk 78 

of district office by two officers necessary to organization of district 46 

of school district office 46 

ACCOUNT— 

of district board for expenses to be presented to district me<'ting 

for allowance 88 

of school board to be examined "3 

of district treasurer ; to be examined 56 

to be kept by the district treasurer 109 

of state university ; to be examined 13 

of state normal s'chools to be examined 29 

ACTIONS— 

against county superintendent for neglect to make report 223 

against county treasurer, by town treasurer I <"'<> 

against district clerk for neglect to make report 223 

against district treasurer, by director I'JT 

against town clerk for neglect to make report 223 

against town treasurer, by district treasurer ll" 

director to appear in, for district I "7 

director to commence, on treasurer's bond K'7 

may be brought by an elector in certain cases 102, 224 

to be brought by chairman or director of board of education 107 

to be brought for recovery of forfeitures by director — by the 

treasurer 224 

to be brought by truant officer 103 

to be brought under the compulsory law '-'O, 103 

ADJOURNMENT— 

of school district meeting, notice of, when for a longer time than 

one month 5i> 

of school district meeting from time to time either annual or spi-cial <>:{ 

ADMISSION— 

of nonresident pupils to county training schools for teachers 41, 353 

of nonresidents to free high school 200 

of pupils from other districts 87, 353 

of persons over twenty into public schools 66 



358 INDEX. 

AFFIDAVIT— Page 

must accompany appeals 183, 221 222 

must accompany statement of county superintendent to county clerk 1-15 

must accompany application for aid to state graded schools 234 

must accompany application for aid to union free high schools 211 

must be made by county superintendent to statement of number of 

teachers j4g 

must be made to application for dictionaries 22;5 

must be made to high school report for aid 105 

must be made to statement of high school tuition 200, 201 

of district clerk to be attached to his annual report 153 

to statement of taxes voted 163 183 

AGE OF CHILDREN— 

entitled to attend school free 153 

must be taken and included in the census 153, 154, 156, 157 

AGRICULTURE— 

schools of agriculture ; how established 233 

teachers to be examined in elements of 113-114 

to be taught in common schools 112 

AGRICULTURE AND DOMESTIC ECONOMY— 

boards provided for 233 

county superintendent to be secretary of board 233 

county treasurer to be treasurer of board 235 

inspection of schools 230 

schools, how established 233 

state aid to 236 

shall be free to residents of the county 235 

two counties may unite in establishing schools of 234 

AID — 

state, for instruction of deaf mutes 257 

state, to county training schools 38 

state, to graded schools 214 

state, to manual training departments 107-108 

state, to free high schools 1S7-1S8 

state, to schools of agriculture and domestic economy 230 

state, to union free high school 1S7-1S!8 

state, to first class rural schools 254 

state, to mining trade schools 25 

state, to day schools for the deaf 257 

state, to day schools for the blind 259 

ALTERATION OF SCHOOL DISTRICT BOUNDARIES— 

appeal may be taken from action of supervisors 218 

a special method by which boundaries of joint districts may be 

altered 40-50 

authority of town board 42, 51 

directions 42-44 

district a body corporate - 47 

district, when organized 46 

duty of supervisors to make and file order 48 

in town and village 54 

joint districts, how formed 46-49, 54 

notice of hearing when alterations contemplated 48 

notice of meeting of supervisors to consider 48 

notice of, to be filed with town clerk and district clerk 49 



INDEX. 359 

ALTERATION OF SCHOOL DISTRICT BOUNDARIES— continuod. Page 
not to take effect between first day of December and first dny of 

April following 49 

number of district to be recorded and not changed 44 

of joint districts, how made 46, 49 

of joint districts, embracing villages and cities 54 

of proceedings of district meeting 69 

return of service of notice to be tiled with town and village clerks 4S 

supervisors may give notice 4(> 

supervisors to make order and give notice of first meeting wbi'n 

new district is formed 45 

to be made by town board of supervisors 42 

when consent of land commissioners necessary 171 

AMENDMENTS— 

to laws, furnished to school districts 158 

ANNUAL DISTRICT MEETING— 

of board of education in cities of the first class 275 

of board of education in other cities 262 

may vote to adopt free textbooks 72 

may vote to establish kindergartens 7:! 

may vote to close school, pay tuition, transport pupils, etc 69-71 

may elect school board of seven members 191, 26."{ 

may designate schoolhouse site 6o 

may vote tax for buildings, sites, repairs, fuel, etc 64 

may vote tax for teachers wages 65 

may vote tax for paying for bond of treasurer when furnished by 

surety company 66 

may vote tax for blackboards, maps, etc 66 

may vote to change from board of seven members to three members 75 

may authorize the board to borrow money 164 

(see Borrowing Money) 164-172 

must elect officers by ballot 63 

must provide for additional room and teacher in certain cases. . . . 74 

must appoint auditing committees 73 

notice for, how given 56 

order of conducting business of the meeting 75-78 

proceedings on challenge 61-63 

qualifications of voters 58-61 

to adjourn from time to time 63 

to determine length of time school shall be taught 68 

vote tax to compensate clerk, director and treasurer 68 

when to be held 56 

who may vote 58 

women may vote 59 

ANNUAL REPORT— 

of auditing committee ; district system 73 

board of regents of the state normal schools 34 

board of regents of the University 12 

of city superintendent 1 58 

of city clerk 158 

of clerk of board of education 158 

of clerk of secretary of board of day schools for the blind 257 

of clerk of secretary of board of day schools for the deaf 257 

of clerk of free high school board ; manual training 199 

of clerk of free high school board 198 

of county superintendent 147, 157-158 



360 INDEX. 

ANNUAL REPORT — continued. Page 

of district clerk 1.5.3-154 

of district treasurer 109 

of secretary of county training school board 88 

of secretary of county school of agriculture 2.36 

of town clerk 156 

of union free high school board, to report to annual meeting .... 209 

of village clerk 158 

.'ANNULMENT— 

notice thereof to be filed with town and district clerk 120 

of teacher's certificate by county superintendent 120 

of teacher's state certificate by state superintendent 125 

of teacher's certificate by city superintendent 120 

APPARATUS— 

accounts for ; to be voted upon at school meeting 88 

amount expended by board limited to 100 dollars 88 

purchase of, by district board 88-89 

purchase of to be approved by school board at full meeting 88 

tax to be voted for 66 

to be approved by state or county superintendent 88 

APPEALS— 

decision to be made within thirty days after the hearing thereof 

is closed 219 

effect of, from judgment against district 18.3 

from action of supervisors in condemning school site 174 

from decision of school district board 218 

from refusal of county superintendent to grant certificate may be 

taken by applicant 119 

may be taken by persons aggrieved by supervisors altering districts 218 

no reversal of decision rendered after thirty days 219 

rules respecting 219-222 

APPENDAGES— 

board to provide for the schoolhouse 88-94 

APPLICANTS— 

examination of by county superintendent for teachers' certificates. . li:> 

examination of by board of examiners for state certificates 121 

for certificates and licenses granted upon graduation from univer- 
sities, colleges, normal schools, kindergarten training schools, 
manual training and domestic science departments (see Cer- 
tificates) 122-123, i25-i;;o 

APPLICATION— 

for aid to first class rural schools 255 

for aid to state graded schools 21.3 

for aid to county training schools . .38 

for aid to free high schools 187 

for aid to agricultural schools 2.36 

for loan by school district 107 

of interest on school fund 1-2 

of money from state apportionment 253 

of money received on division of district 53 

of money for aid to deaf schools 257 



INDEX. 361 

APPOINTMENT— ra;,'e 

of board of education in cities 27G 

of city superintendents :.'7.". 

of truant otficers 100 

to fill vacancy on school board 80 

Al'l'ORTIONMENT — 

correction of 252 

of aid to county agricultural schools 2;!(» 

of aid to day schools for the deaf 2ri7 

of aid to day schools for the blind 257 

of aid to first class rural schools 254 

of aid to manual training departments 110 

of aid to state mining schools 24 

of taxes to free high schools lu;; 

of school fund by state apportionment 1-2,250 

of school fund in'come, notice of 251 

of school money by town clerk 150 

supplementary, to free high schools 1 06 

to free high schools may be withheld IS" 

to high school districts 105 

to union free high schools 105 

APPROVAL— 

by city council to change of textbooks in cities IW 

of treasurer's bond by clerk and director los 

of application for special aid to first class rural schools 255 

of course of study in manual training department 108 

of courses of study in county training schools for teachers by state 

superintendent 38 

of courses of study and qualifications of teachers in county schools 

of agriculture 2^,c> 

of plan for schoolhouses 320 

of qualifications of teachers in free high schools 103 

of qualifications of teachers in union free high schools 103 

of school apparatus 88 

of standard of attainment, fixed by county superintendent for 

teacher's certificates 118 

of teachers' qualifications — special branches 128 

of teachers' qualifications in county training schools 38 

ARBOR AND BIRD DAY— 

how proclaimed 3 

pamphlets published G 

ASSESSMENT— 

by town clerk Ifl.", 

compensation to assessors (note) 102 

disagreement among assessors 1 62 

in joint district 101 

meeting of assessors 161 

of district taxes 161 

property, where assessed Kil 

refusal to act, penalty for 102 

taxation, how equalized 1 01 

town clerk to fix valuation in certain cases 161 

valuation compared 161 



362 INDEX. ;' 

ATTAINMENTS— Page 

approved by tlie state superintendent 118 

standard of, to be established by county superintendent 118 

ATTENDANCE— 

at city superintendents' convention 274 

at county superintendents' convention 144 

at scliool 98 

compulsory, between the ages of seven and fourteen 08-105 

of teachers at teachers' association . lyo 

on institute by teacher, without deduction from wages 130 

state graded schools 212 

school officers, at school board convention 143 

BLACKBOARDS— 

board to purchase — 80 square feet ' 89 

tax for purchase of 66 

BLANKS— 

for reports to be furnished by state superintendent 158 

for report of attendance of pupils 100-101 

BOARD— 

(See Board of Education.) 

(See Board of County Training Schools for Teachers.) 

(See County Board of Supervisors.) 

(See District Board.) 

(See Town Board of Directors.) 

(See Town Board of Supervisors.) 

(See Trade School Board.) 

(See Trade Mining School.) 

(Board of Examiners.) 

BOARD OF EDUCATION; CITIES OP FIRST CLASS (MILWATJICEE) . 
Common and high school boards in cities of the first class; to 
take oath of office ; when elected ; when to meet ; number of 
members on board ; length of term ; vacancies ; how filled ; mem- 
bers, how nominated ; may be removed from office ; quorum ; 
duties and powers ; duties of secretary ; board to report to the 
common council ; no member to be interested in any sale or pur- 
chase of real or personal property by the city ; to provide school 
buildings when approved by city council, etc., etc., etc 2,75-293 

BOARD OF EDUCATION— 

to report to city council 84 

BOARD OP EXAMINERS'— 

compensation of members 122 

may recommend the issuance of special licenses in certain cases. . 127 
may recommend recognition of kindergarten certificates and diplo- 
mas in certain cases 125-126 

may recommend recognition of manual training and domestic science 

certificates and diplomas in certain cases 127 

may recommend the state superintendent to grant special licenses 

in certain cases 127 

meetings, when, where 121 

payment of expenses in conducting county superintendent's exam- 
ination 147 

shall be appointed by state superintendent 121 



INDEX. 3G3 

r.OAUD OF EXAMINERS'— continued. ~ Pago 
shall examine applicants for county superintendents' certificates.. 146-147 

shall recommend recognition of certificates granted by other states. 12:2 

shall recommend the issuance of state certitlcates based on diplomas. 124 

150AUD OF REGENTS OF NORMAL SCHOOLS— 

accounts ; how made -^ 

compensation of -^ 

incorporation and organization -0 

meeting, quorum '• '^'' 

olQcer of -^ 

powers of 26 

removal of, disqualification of oflScers 27 

report «^'i 

shall cause accounts to be examined 29 

their terms and vacancies 26 

BOARD OP REGENTS OP UNIVERSITY— 

accounts against • 13 

duties of 11 

expenses of 20 

incorporation and organization of 1" 

may accept gifts and donations to university JO 

may maintain summer school 20 

meetings of, quorum 11 

officers and powers of 10 

reports of 12 

shall cause accounts to be examined 13 

BOARD OF EDUCATION IN CITIES UNDER GENERAL CHARTER LAW— 

annual meeting of board, when held ; powers of board 264 

ballots, how printed ; vote, how taken 263 

board ; when appointed by mayor to consist of one commissioner 

from each ward and three at large 261-262 

board ; when elected by the people 263 

change from city system to common district system ; how made . . 262 

duty of city clerk to ascertain tax rate and notify proper officers . . 267 

duty of treasurer to collect tax 267 

duties of common council and board of public works 266 

election of officers 264 

monthly and special meetings 26.5 

school buildings ; estimate of expenses 26.5 

schools ; how supported ; when property to be taxed 266 

vacancies ; how filled 263 

women on school boards 226 

BOND— 

of county superintendent 151 

of district treasurer 108 

of treasurer of free high school board 191 

of treasurer of union high school board 191 

to cover lease of site l'i^-"> 

United States bonds, school funds may be invested in 232 

BOOKS— 

dealer who furnishes library books to be sek-ctod l>y coinmittco .... ISl 

register, to bo fui-nished by district clerk III. l."!l 

records and other purposes, to be i)urchased by district board .'"S 

to be furnished to indigent pupils 88 

text, adopted by boards of education 105 



364 INDEX. 



BOOKS — continued Page 

text, maj be purchased by district board 68 

text, purchased by city boards of education 106 

text, to be determined by district board 105 

vote on free textbooks 72 

BORROWING MONEY— 

authority to be given by electors 164 

application for loan must be made at regular board meeting (note) 79 

applications for loans from trust funds 167 

be sure you are right, then go ahead 168-171 

borrowing money, cities 172 

by ordinary school district 66 

for building schoolhouse . .' 164 

for refunding indebtedness 16,3 

for meeting unusual conditions 164 

for principal and interest on loans 164 

for what length of time borrowed 164-167 

liability for loans from trust funds 171 

of free high school district 172 

payments ; when made to trust funds 166 

BRANCHES OP STUDY — 

additional, may be taught 112-113 

examination in, for county certificates 113-114 

examination in, for state certificate 121 

examination in additional, for county certificate llT 

for kindergarten county certificates 129 

history of Wisconsin 112 

BULLETINS— 

farm institutes ; how distributed 181 

CADETS ; MILITARY SCHOOLS OR DEPARTMENTS— 

graduates, rank of 36 

inspection of 35 

inspection officer, report of 35 

inspection, suspension from 36 

CERTIFICATE— 

attendance upon professional school 114 

branches required 114 

certificate of amount due free high school to be made to secretary 

by state superintendent 187 

county superintendent's, provided for 146-147 

diploma of graduates of state normal schools, state university and 

other colleges converted into teachers' state certificate 122-130 

duration of county certificates 113-110 

first grade, what studies applicants for, must be examined in .... 115 

foreign, may be recognized 124-125 

graduates from free high school teachers' training courses excepted 114 

limitations 113-115 

manual training, domestic science 127 

may be granted on transferred papers 117-118 

of graduates of free high schools may be countorsignod and h.nvo 

force of first grade certificate for five years 119 

of judgment against school district 183 

or land taken for schoolhouse site 173-174 

of qualification granted to teachers 113-130 



INDEX. 365 

CERTIFICATE— continued. Page 
of town treasurer to district clerlis of amounts paid to district 

treasurers 160 

of value of schoolhouse, etc 54 

second grade, what studies applicants for, must be examined in... 113-115 

special third grade may be granted llti 

state, shall be recorded by state superintendent 122 

state superintendent shall issue to graduates of University of 

Wisconsin and Wisconsin normal schools 123 

state superintendent to grant, to teachers in manual training depart- 
ments 197-108 

teachers', duration of first and second grades extended 113-115 

teachers', h9W annulled 120-121, 125 

teachers', limited as to time and place 113-115 

teachers", standard of attainment required for 118 

teachers', state, conditions governing 122-123 

teachers', transfer and renewal of 116 

teachers', who not to have 113 

third grade, what studies applicants for, must be examined in.... 113-114 

three grades established 113 

to be granted to free high school teachers 19T 

to graduates of county training schools 39 

CHALLENGE— 

of voters 61, 72 

CHARGES— 

against teachers, made in writing 120 

CHARTER LAW FOR CITIES 260-272 

CHILD LABOR LAW 294-309 

CHILDREN— 

crippled, to be admitted to state public school 256 

employment of 294-310 

of town or county poor, how educated 226 

to attend school free of tuition 2, 66, 353 

to be enumerated in school census 153 

truant, to be placed in school 103 

CITIES— 

clerk or clerk of board to report to county superintendent 158 

council to approve changes in textbooks 106 

districts lying in, how altered 54 

general charter law 200-272 

instruction of deaf children and blind children 257-259 

no part of city, to be embodied in new joint districts 54-55 

of the first class 275-289 

of the fourth class, oflScers, how elected 71 

CITY SUPERINTENDENT— 

duties of 273-274 

eligibility, qualifications required, how appointed 273-274 

may be secretary of board of education 274 

not to engage in other business , 273 

removal of 273 

to attend convention 274 

to furnish information of blind or deaf persons 146 

to include statement of deaf and blind children report to county 

board 146 

to report to state superintendent 158 



366 INDEX. 



CLAIMS— Page 

discounting of, by public officer 316 

CLERK— 

(See District Clerk, Town Clerk.) 

COLLEGES— 

incorporated, to report to state superintendent 35 

COMMITTEE— 

to examine accounts of school board 73 

to make contracts witli firm or dealer for library books, periodicals, 

etc 181 

to require bond of successful bidder 182 

to be composed of state superintendent, attorney general and secre- 
tary of free library commission 181-182 

COMMERCIAL SCHOOLS- 

state superintendent authorized to fix course of study in certain 

cases . . - 8 

COMMON SCHOOLS— 

exercises in, must be conducted in the English language 112 

fund, how distributed 1-2, 250-253 

income of, how distributed 2, 250-253, 290 

no sectarian instruction to be allowed therein 2 

to be free to children of certain age 2 

to be maintained eight months in each year, or not share in fund. . 250-253 

what shall be taught in 112 

7-10 mill tax, what constitutes 2, 289 

COMPENSATION— 

of city superintendent 273 

of clerk, director and treasurer limited 68 

of county superintendents 150-151 

of county judge for services in removal of officer 224-225 

of members of board of examiners 122 

of normal school regents 28 

of town clerks for distributing library books ISO 

of truant officers 104 

of university regents 20 

to land owners for schoolhouse site 173, 175 

COMPULSORY ATTENDANCE LAW— 

action brought in name of the state 99 

age of child, how determined 100 

amount of penalty for violation of attendance law 90 

children between 7 and 14 to attend school regularly 98-99 

children between 14 and 16 must attend school unless lawfully em- 
ployed 98 

children must attend some public, private or parochial school 98 

children to be enrolled at commencement of term in cities of first 

class . . . : 99 

children must be enrolled within one month after commencement of 

term in towns, villages and cities 99 

children who live more than two miles from school exempt from law 99 ' 

children physically or mentally defective exempt from law 99 

children who have completed common school course exempt 99 



INDEX. 367 

COMPULSORX ATTENDANCE LAW— continued. Page 

childron who have completed eighth grade in village or city exempt 1)9 

children instructed properly elsewhere than at school exempt 99 

child may be proceeded against as incorrigible 99-100 

child may be committed to school of preferred religious faith 100 

conditions exempting children from provisions of attendance law . . 99 

complaint to be made to justice of the peace or other officer 1(»:> 

clerk must deliver one copy of school census to teacher on opi'ning 

school 100 

clerk must send one copy to the county or city superintendent on or 

before July 15th of each year ] 00-101 

clerk to report to two superintendents in certain cases 100-101 

clerk in cities having more than 2,000 population or more not re- 
quired to furnish copies of census 101 

clerks offices to be open at all reasonable hours 101 

county superintendents to notify truant officers of cases of de- 
linquency 103 

county superintendent to keep record on file in his office lO.S 

county superintendent to require report from teachers 100-101 

distance from school does not exempt when transportation is pro- 
vided 98-99 

duties of school officers as to the school census 100-191 

duty of district attorney and assistants to prosecute in name of the 

state 99 

equivalency of instruction 90 

enrollment ; when and for what length of time 99 

forfeiture may be sued for by voter 102 

incorrigibility may be set up as defense by parent 99 

liability of teachers for neglect to report and to keep records of 

attendance lOli 

liability of parents 99 

liability of truant officers 102 

liability of other officers 102 

must attend full term in cities of the first class 98 

must attend regularly for at least 82 weeks in. other cities , . . . 99 

must attend regularly for at least 24 weeks in villages and towns. . 99 
county superintendent must report monthly to commissioner of labor 

and statistics at Madison 1^)4 

notice to parents by truant officer 100 

prosecution to be made by district attorney or assistant 99 

reports ; to be made by teachers 101-102 

reports ; to be made by superintendents 103 

reports ; what to contain 100-103 

reports ; to be made by school clerks 101-102 

sheriffs and deputy sheriffs to be truant officers in cities of less than 

2,000, villages and towns 100 

sheriffs and deputies ; how compensated as truant officers 104 

county superiutendent to report to commissioner of labor and indus- 
trial statistics at Madison 10:'. 

truant officer ; how many in citie's of first class lOO 

truant officers ; appointed in cities of 2,000 or more iOO 

truant officers ; duties of 100 

truant officer to proceed against delinquent parents or children 100 

truant officers, who shall be in cities of less than 2,000 100 

truant officers in towns and villages loO 

truant officers to secure information from census reports loo 

truant officers to examine records in private and parochial school?. . 100 
truant officers to be notified of truancy or irregular attendance. ... ]01 
truant officers to receive reports from county and city superin- 
tendents 103 



368 INDEX. 



COMPULSORY ATTENDANCE LAW— continued. Page 

truant officers to notify delinquent parents or guardians 103 

truant officers to make complaint against delinquent parents 103 

truant officers have power to apprehend without warrant 104 

truant officers to be assisted by school officers, teachers, city and 

county superintendents and other persons 103 

teachers mu§t report to proper superintendents 101 

teachers in high schools exempt from reporting 101 

teachers in private and parochial schools may make reports. ..... 102 

teachers in cities of 2,000 or more not required to report 101 

teachers in private and parochial schools shall keep a record of 

attendance 102 

teachers in private or parochial schools to furnish information 102 

teachers in private or parochial schools liable to penalty for failure 

to keep record 102 

voter may receive one-half the amount of forfeitures recovered.... 102 

CONSOLIDATION— 

(See B''ormation and Alteration of Districts.) 

action of board .' 51 

appropriation for aid for transportation 53 



52 



appeal may be taken 

arrangements may be made with parents to transport their children 52 

board to make order of consolidation 51 

first meeting of district, how noticed 45 

new district is formed when two distritcs are united 45 

petition, meetings of supervisors 51 

reports to be made by consolidated districts in order to secure aid 

for transportation 53 

state aid for transportation 52 

CONSTITUTIONAL PROVISIONS — 

annual school tax 2 

district schools, sectarian instruction 2 

in regard to common schools 1-2 

in regard to school funds 1-2 

in regard to state superintendent 1 

CONSTITUTIONS— 

to be taught in common schools 112 

CONTINUATION, COMMERCIAL, INDUSTRIAL SCHOOLS 243-250 

CONTRACT; WITH TEACHERS— 

certificate to be attached thereto 95 

shall terminate 95 

to be filed with clerk 95 

what shall be specified in 95 

when not valid 95 

CORRECTION— 

of apportionment y . 252 

COUNTY BOARD — 

must allow county superintendent's traveling expenses 151 

must allow county superintendent's expenses for stationery and 

traveling 152 

to allow certain amount to district for each public charge 226 

to approve bond of county superintendent 152 



INDEX. 369 

COUNTY BOARD— continued. Page 

to audit bill of expenses of county superintendent 152 

to levy school tax upon the towns 290 

to provide for county training school 'M 

to provide for county agricultural scliool 233 

COUNTY SUPERINTENDENT— 

certificate, examination for 146 

compensation of, fixed by county board 151 

eligibility to oflice 145, 149 

liability for neglect to make annual "report 223 

may teach in professional school 144 

may accept final normal school standings 120 

may accept transferred papers 117 

may appoint deputy 148 

may countersign high school diplomas 119 

may demand examination in additional branches 118 

may give applicant private examination 143 

may purchase dictionary from state superintendent 223 

may require re-examination 119 

must be allowed actual traveling expenses 151 

not to act as agent for author, publisher or bookseller 223 

not to teach, engage in other profession, or absent himself from 

county 144 

penalty for failure to report 102 

removal of, from office 289 

report blanks may be furnished by 102 

residence and office of 145 

salary may be fixed by statute 153 

salary, supervisors to fix 151 

statement of expenses 152 

to annul teachers' certificates 120 

to approve plans for school building 229 

to attend annually one convention of county superintendents 144 

to be elected on first Tuesday in April 150 

to be secretary of board, school of agriculture 234 

to be secretary of board, joint agricultural school 2.j4 

to be secretary of board, training school ;!7 

to be reimbursed actual expenses in attending county superintend- 
ents 'conventions 144 

to certify names and numbers of library books selected to county 

clerk 178 

to countersign certificates of graduates of county training school for 

teachers 39 

to declare schoolhouse unfit for use 142 

to direct school board to make repairs 142 

to establish standard of attainments for his county 118 

to examine and license teachers 140 

to file notice of annulment of certificate with town and district clerk 120 

to form inspection districts and hold meetings 142 

to furnish information of blind or deaf persons 146 

to furnish lists of library books to town, city and village clerks. ... 178 

to give bonds 152 

to give notice of complaints against teachers 120 

to give written statements on demand to applicants refused certifi- 
cates 119 

to hold school board convention 143 

to make and keep list of library books 178 

to hold examinations at county seat 143 

to hold institute 142 

24— S, L. 



370 INDEX. 



COUNTY iSUPEMNTENDENT— continued. Page 
to hold at least one meeting for examination of teachers in each in- 
spection district annually 142 

to keep record of mone3's paid out 148 

to notify county clerk to draw order on county treasurer 179 

to notify district clerks of time and place of meetings for examina- 
tion of teachers 143 

to pay over moneys to successor 316 

to preserve examination papers II7 

to report to bureau of labor and industrial statistics each month.. 10:5 
to report annually to county board and state superintendent. . .142, 145, 157 

to report number of children to county clerk and county treasurer. . 157 

to report to truancy officers , 103 

to select library books I77 

to visit schools 141 

traveling expenses 152 

COUNTY SCHOOLS OF AGRICULTURE AND DOMESTIC ECONOMY— 

adults may be instructed .235 

bond given, and oath taken by each member of board 234 

board, when to be organized 234 

county treasurer to be treasurer of board 235 

county board empowered to borrow money and issue bonds in pay- 
ment for grounds and buildings 233 

course of study 235 

duties of board 233 

how organized 233 

joint agricultural school 234 

maintenance of joint school 234 

not less than three or more acres of land provided for 235 

state aid, how obtained 236 

state superintendent to supervise 235 

state superintendf^nt to grant certificates of qualification to teachers 236 

COUNTY TRAINING SCHOOL FOR TEACHERS— 

apportionments 40 

■ appropriation for 41 

boards provided for 37 

certificates to graduates of 39 

certificate to graduates to be countersigned by county superintendent 39 

county superintendent to be secretary of board 37 

duty of state superintendent 38 

how established 37 

inspection of 38 

joint training school districts, cost of, how apportioned 40 

moneys for, how paid 38 

no member of county board to be member of county training school 

board 39 

officers to give bond, to subscribe an oath 37 

qualifications of teachers 39 

state superintendent to make certificate of apportionment 38 

tuition, nonresident, how collected, who may attend 41 

vacancies in board, how filled 37 

COUNTY TREASURER— 

how to dispose of money uncalled for 253 

to apply to state treasurer for school money apportioned by state 

superintendent 252 

to be treasurer of board, schools of agriculture 235 

to be treasurer of county training schools 38, 41 

to collect taxes 163 

to give notice to town and city treasurer 252 



INDEX. 3YI 



COUNTY UNIFORMITY OF TEXTBOOKS— Page 

how secured 2:>7, 1242 

COURSES OF STUDY — 

in county schools of agriculture 235 

in county training scliools for teachers 38 

in union free high schools 197, 211 

in state graded schools J 15 

DANGEROUS DISEASES— 

cleaning and disinfecting schoolhouses 291 

contagious 291 

cost of disinfection, by whom paid 291 

duties of parents or guardians 291 

duty of local health officer 291 

duty of principal or teacher of the school 291 

duties of school board 291 

order of suspension from school may be renewed 292 

penalty for failure to comply with statutes 291 

powers of teachers and officers 291 

schoolhouse to be cleaned at beginning of each term 291 

smallpox, control of in school districts 292 

smallpox, attendance upon school prohibited in certain cases 292 

smallpox, vaccination compulsory -. . 292 

vaccination free in certain cases 292 

DAY SCHOOL FOR THE BLIND— 

(See Day Schools for the Deaf.) 

special aid for 257 

to give instruction in music and manual training 259 

DAY SCHOOLS FOR THE DEAF— 

annual reports, when due 257-258 

aid for transportation and board 257 

apportionment 257 

board of education to have control of 257 

compulsory attendance 258 

duty of inspector 258 

duty of district attorney to prosecute in case of failure to comply 

with the law 259 

I in villages and cities 257 

penalty for refusal to send child 258 

state aid for 257 

teachers of, qualifications approved by state superintendent 257 

DEBTS— 

(See Borrowing Money.) 

how paid ; liability for 171 

of dissolved districts, how paid 55 

of school district, tax may be voted for 66 

rates of interest 164 

times of payment 164-108 

DEPUTY COUNTY SUPERINTENDENT— 

how appointed 148 

qualifications of 148 

DICTIONARY — 

money received from sale of, to bo paid to state treasurer 226 

to belong to district library 226 

Webster's may be furnished scliool districts by state superintendent. 225 



372 . INDEX. 

DIPLOMA— Page 

(See State Certificate.) 

DIKECTOR— 

length of term 78 

to appear for the district in all actions 107 

to approve treasurer's bond 108 

to be elected by ballot 03 

to countersign orders drawn by clerk 107 

to file certificate of appeal from judgement 183 

to forfeit sum for countersigning unauthorized orders 224 

to prosecute district treasurer 107 

to sue for forfeitures 224 

with clerk to demand additional bond from treasurer lOS 

DISTRIBUTION— 

of income of school fund 250-253 

DISTRICT— 

(See School District.) 

DISTRICTS— 

(See School Districts.) 

superintendent, county board may divide 151 

superintendent, effect upon cities 151 

superintendent, what shall constitute 151 

DISSOLVED DISTRICT— 

property of 55 

DISTRICT BOARD— 

(See District System.) 

all three members must be present at meeting ; when 88 

board may permit free use of the schoolhouse for social activity. ... 86 

board to provide for heat, light and janitor service 85 

board meeting ; how held 79 

duty and power to adopt and change textbooks 105 

duty and power to permit foreign languages to be taught 112 

duty and power to insure school property ; to execute note for 

premium 107 

duty and power to make rules for government and conduct of the 

school 96 

duty and power to hire and contract with qualified teachers 95 

electors may petition 86 

has power to establish ungraded department 97 

has power to establish evening schools, debating clubs and other 

activities in cities of the first, second and third class 84 

may admit nonresident pupils 66, 353 

may consist of seven members 191, 263 

may enter into and organize insurance company to insure school 

building 309-314 

may grant use of schoolhouse 82 

may levy tax for school purposes 94 

may levy tax for outhouses 93 

may make provision for teaching physiology and hygiene 113 

may permit admission to entertainments to be charged 83 

may provide for kindergartens 112 

must admit nonresident pupils under certain conditions 87, 353 

must furnish all necessary appendages, apparatus, etc 88 



INDEX. 373 



DISTRICT BOARD— continued. Page 

must furnish suitable outliouses <):i 

must liave care and liceping of scliool property 82 

must liold board meeting on Saturday before annual meeting ,50 

must keep the schoolhouse in good repair Si' 

must present account of expenditures to electors at annual meet- 
ings .50 

must provide for at least eight months' school !J4 

must purchase suitable record books, blanks, etc., for keeping 
accounts and records of the meetings of the electors ancl of the 

district board 88 

must purchase United States flag and provide for its care 94 

must purchase and care for books furnished under the free text- 
book system 82, 88 

must secure approval of plans for school buildings 229 

of city or village to publish proceedings 259 

powder to establish and maintain evening schools, gymnasium, etc. . 84 

power to levy tax ; proceedings iu case the board refuses 84 

question of special tax levy to be submitted to electors 84 

question of discontinuance of tax levy to be submitted to electors. . 84 

schoolhouse may be used as public meeting place 84 

school board may refuse use of schoolhouse in certain cases 80 

special appropriation may be levied 84 

terms of office ; acceptance of 78,^23 

to consist of three members 78 

to construct schoolhouse with doors swinging outward 314 

(Note — Doors need not open outward in one-story buildings. I 
to hold regular meeting of board with all members present to make 

purchase legal 88 

to keep buildings in sanitary condition 93-94 

to provide library catalog cases, cards, etc 88 

to provide for gymnasium, public playgrounds, etc., in cities of 

the first, second and third class 84 

to provide heating and ventilating apparatus 88 

to provide supplementary readers 88 

to purchase or lease site and erect schoolhouse when duly author- 
ized by electors 82 

to report at annual meeting 50 

to screen outbuildings 94 

to visit and supervise school 107 

vacancies ; how filled ; acceptance 80 

vacancies ; how filled by election 63 

vacancies; how filled by appointment by remaining members 80 

vacancies ; how filled by appointment by town or village or city 

clerk 80 

vacancies ; how they may occur 80 

(See Note.) 

when and how elected (.'>:;, 7.s 

who shall constitute 79 

women may be officers 226 

DISTRICT CLERK— 

compensation may be voted at annual meeting OS 

length of term 78 

liability for neglect to make annual report 22.3 

of high school, to make report 191 

shall have access to treasurer's books 109 

to act as clerk at district meetings Ill 

to approve treasurer's bond 108 

to be elected by ballot 63 



374 INDEX. 



DISTRICT O'LEBK— continued. Page 

to call special meetings 57 

to certify to town clerk istatement of taxes 16-> 

to demand additional security from treasurer 108 

to draw orders on district treasurer Ill 

to enter minutes of meetings, etc Ill 

to file teacher's certificate of attendance on institute loO 

to forfeit sum for drawing unauthorized order 224 

to furnish school register Ill 

to include moneys due new district in statement of tax made to 

town clerk i 54 

to include the name, age and sex of each person of school age 

residing in the district in annual report 15.3 

to make record of orders drawn 11 

to make report to town, city or village clerk 153 

to notify persons of election or appointment to office Ill 

to post notice of annual meeting 56 

to report amount of money received, sources from which, and 

manner of expenditure 154 

to report name and post office of district officers to town clerk. . . . Ill 

with director to demand additional bond of treasurer 108 

DISTRICT LIBRARY — 

(See Public School Library.) 

fund, how obtained GO 

of adjoining districts inay be united 1775 

(Note : See List of Books for Township Libraries Issued by 
this Department — 1910.) 

tax may be voted for 66 

title to be vested in district 176 

to be in charge of librarian 170 

DISTRICT MEETINGS'— (District System.) 
(See Electors of School Districts.)' 

annual, notice for, how given 56 

annual, when held 56 

first one, how notified 45 

special, how called 57 

to authorize board to borrow money 66, 164-172 

to authorize purchase of textbooks 68 

to be called by town supervisors in certain cases 46 

to determine time school shall be taught , 68 

to direct sale of property '. 65 

to vote tax for teachers' wages 65 

who may vote v 58-6 1 

DISTRICT OFFICERS— 

who shall be 78 

duties of (See District Board.) 

clerk (See District Clerk.) 

director (See District Director.) ' 

treasurer (See District Treasurer.) 

DISTRICT PROPERTY— 

board have care of 82 

how divided on division of district 5.3 — 54 

sale of, authorized 65, 82 

DISTRICT TAXES^ 

assessment and collection 161-163 

for providing free transportation of pupils ,.,..,.....,, 69 



INDEX. 37i 



DISTBIOO.' TAXKS— continued. Page 

limit of, tor all purposes 71 

limit of, for building, hiring or purchasing schoolhouse 64 

limit of, for district library GO 

limit of, for teachers' wages (>."» 

to compensate the clerk, director and treasurer 08 

to levy tax to meet indelitedness 00 

1»1STK1("T SCHOOLS^ 

(See Common Schools.) 

establishment provided for 'J 

tuition ; sectarian instruction - 

what studies shall be taught in 112-113 

DISTRICT TREASURER— 

length of term 78, 108, 189 

neglect to file additional bond lOS 

of free high school to give bond 191 

of free high school to pay out moneys 193-194 

to apply certain tax to payment of debt IG.'j 

to be elected by ballot (}'■'> 

to deliver boolts, papers and moneys to successor 109 

to execute and file bond lOS 

to give additional security when demanded by director and clerk . . 108 

to keep accounts 109 

to pay money on order of clerk 109 

to prosecute for forfeitures in certain cases --4 

to prosecute town treasurer 110 

to receive high school aid 188 

to receive money from town treasurer 109 

to report to annual meeting 109 

when selected o;; 

who may not be 107 

DIVISION— 

of joint libraries 170 

of property ,. .'")-"> 

of school districts 45, 48, 53 

DOORS— 

to open outwardly 314 

(Does not apply to one story buildings.) 

DUTIES— 

neglect of 1G2, 223-224 

of assessors IGl— 163 

of board of regents of normal schools 26-34 

of board of regents of university 10-21 

of county superintendent 103, 140-147, 158, 289 

of county treasurer 252 

of district board 78-98 

of district clerk 100, 111-112, 163 

of district director 107 

of district treasurer 109-11 

of electors 63-78, 164-lGS 

of high school board 191 

of voter to sue for forfeiture 102 

of parents and guardian ; truancy law 98-99 

of state superintendent 250, 4-0 



376 INDEX. 



DUTIES — continued. Page 

of town officers 42-56, 159-160 

of town clerk , 159, 163, 252-253 

of town treasurer 159 

of truant officers 100-105 

of city superintendent 273-274, 157-158 

of district attorney 98-99 

of factory inspectors 294-307 



ELECTION OP OFFICERS— 

at annual district meeting 63, 78 

of free high school district 189 

of union free high school district on the third Monday of March. . . . 207 

of county superintendent 150 

of city superintendent 273 

of state superintendent 1 

of county training school board 37 

of county agricultural board 233 

of mining trade school (appointed by governor) 22 



ELECTORS OF SCHOOL DISTRICTS— 

to hold annual meeting 63 

to hold special meeting 57 

to elect officers 63 

to adjourn from time to time 63 

to increase members of school board to seven 191, 193, 263 

to appoint committee to examine accounts of board 73 

to designate site for schoolhouse 63 

limitation of taxes 64, 65-66, 71, 72, 164-166 

to levy tax for transportation 70 

to authorize the board to borrow money 66, 164-172 

to vote for free textbooks 72 

to provide kindergartens 73 

to alter or modify their proceedings 69 

to authorize purchase or sale of school property 65 

to levy tax to compensate school officers 6S 

to levy tax for purchase of maps, black boards, etc 66 

to levy tax for evening schools, vacation schools, gymnasium 85 

to give direction for prosecution or defense of suit 68 

to authorize board to provide for transportation and payment of 

tuition 69-72 

to determine length of school terms 68 

to authorize admission of nonresidents 66 

to provide additional room and teacher — 65 law 74-75 

to vote on expenditures made by district board 88 

to vote tax for outbuildings, etc 94 

to vote tax for free high school 194 

to vote tax for free high school building ' 195 



ELIGIBILITY— 

to office of county superintendent 149 

to office of city superintendent 274 

EMBEZZLEMENT— 

punishment for 110, 316 

what constitutes 110 



INDEX. 377 



EQUALIZATION OP TAXi:S— Page 

by town board of assessors 1(! 1-1(12 

l)eiuil(y for refusing to perform duty 1(J2 

ESTAULISIIMKXT— 

of county training schools 37-41 

of county schools of agriculture '2:'>o-2:',7 

of day schools for the deaf and blind i:r>T-2ri'J 

of free high schools 1X5-1 SS 

of mining schools 22-25 

of schoolhouse sites 17;>-174 

of trade schools 2(i".)-272 

of union free high schools. .- 205 

EVENINt;, CONTINUATION, COMMERCIAL, INDUSTRIAL 

SCHOOL, STOUT INSTITUTE 24:j-250 

EXAMINATION— 

papers to be preserved 117 

for principal of free high schools 121 

for county superintendents' certificates 146-147 

for teachers' state certificates 122 

for county teachers' certificates 113-12(5 

in additional branches 118 

meetings for, how notified and when held 142-14.'? 

of accounts 13, 2!), 73 

of free high school teachers 193 

private, granted in certain cases 142-143 

progressive examinations 11(5 

records of state to be kept 122 

of union free high school teachers 211 

to be examined in what studies 211 

EXECUTION— 

when to issue 1 S3 

EXPENDITURES — 

for postage, printing and stationery of county superintendent 152 

of county superintendent for attending convention 144 

of city superintendent for attending convention 274 

of district board, how allowed 88 

EXPULSION— 

of pupils 9G 

FAILURE— 

of electors to vote sufficient money t)4 

to maintain school 55 

to perform duty 251 

to raise tax, forfeits school fund income 251 

FARM INSTITUTE— 

bulletins of, how to be distributed 181 

FEE— 

for tuition of nonresident pupils . 41 , 0(5, 87, 200-203 

maximum, fixed by law 353-354 

may be remitted to residents over twenty 1)7 



378 INDEX. 



PINES, FORFEITURES, ETC.— Page 

action for recovery of, prosecuted by director 224 

disposition of 224 

duty of voter to sue for 102, 224 

for countersigning unlawful order 224 

for destruction, injury or removal of state property 315 

for distributing obscene books, etc 317 

for disturbing scliool 317 

for dravi'ing order for any purpose not authorized by law 224 

for entering state grounds 315 

for failure to send child to school 9S-99 

for injury to timber 315 

for neglect of duty by district officers 223 

for neglect of duty or violation of law 223-225 

for neglect of officer to deliver records, papers, etc., to his successor 31G 

for neglect of teacher to keep register 131 

for neglect to apply to high school officers 191 

for neglect to prosecute for forfeitures 224 

for official malfe?isance : 316 

for refusal of district officer to serve 223 

for refusal of officer to act in case of assessment 162 

for refusal of town supervisors to carry into effect any decision 

of state superintendent 224 

for refusal to act as chairman of district meeting 223 

for refusal to notify first meeting in new district 223 

for school officers and teachers acting as book agents 223 

for school officers ordering change in textbooks within three years 

of adoption 106 

for truant officers 102, 310 

loss of apportionment when school building is condemned 231 

in relation to library 176 

of county superintendent for neglect to make annual report 223 

of county superintendent for teaching, etc 144 

of district clerk for neglect to make annual report 223 

of officials for failure to provide for flre-escapes, etc 314 

of town clerk for neglect to make annual report 223 

prosecution for, by voters 102 

FIRE ESCAPES 314 

FLAGS— 

purchase of • 94 

FORMS— 

of acceptance of district office 322 

of affidavits in appeal cases 220 

of approval to be endorsed on treasurer's bond 332 

of application or establishment of schoolhouse site 339 

of awarding property to new district 324 

of application for new dictionary 344-346 

of application for state aid for rural schools 349-350 

of application for alteration of joint school districts 323 

(Chap. 218, Laws of 1905.) 

of appointment to vacancy in district 327 

of annulment of teacher's certificate and notice to town clerk . . 343 

of bond of district treasurer 331 

of call on treasurer for additional security 332 

of certificate of town treasurer to town clerk 336 

of certificate that notice of meeting to establish site has been given. 339-340 

of certificate of establishment of schoolhouse site 340 



INDEX. 379 



FOnMS— continupd. Page 

of certificate of action of supervisors in ost.ihlisliinK scliool site. . . 340-341 

of certificate of vacancy in county snperintendenfs oftice 341 

of certificate to state superiutendent of establisliment of free higli 

scliools 347 

of contract between district and tcaclior 330-331 

of deed of schoolhouse site 320 

of determination of relative proportion of taxes in joint district. . 337-338 

of lease of schoolhouse site 329-330 

of notice for special meeting to borrow money from trust funds . . 32G 

of notice of appeal by teacher 222 

of notice of first meeting given by town supervisors 31!) 

of notice of first meeting to be left at residence of voter 320 

of notice l)y sheriff to parent or guardian to send child to school. . 348 
of notice by supervisors for meeting when there is no officer to 

call one ' 321 

of notice to be sent l)y two meml^ers to third member calling 

board meeting 328 

of notice of meeting to alter district boundaries 322 

of notice for annual meeting 324-325 

of notice for adjourned district meeting 325 

of notice ot special district meeting 326 

of notice of election to school office 327 

of notice of apportionment by town clerk 336 

of notice for meeting of supervisors to locate schoolhouse site. . . . 339-340 

of notice of division of county, and consequent vacancy 341 

of notice of Intention to annul teacher's certificate 342-343 

of notice that the foregoing resolution will be submitted 347 

of order organizing new district 319 

of order organizing joint district 321 

of order altering district boundaries 323-324 

of order on treasurer for money 332 

of pupils record 333 

of resolution proposing the establishment of high school 346-347 

of request for special district meeting 325 

of refusal to accept district office 327 

of refusal to accept office on appointment 328 

of report of names and post office addresses of district clerks 337 

of return of notice for first meeting 320 

of return to be endorsed upon notice of second meeting of lioard 

of supervisors 322-323 

of statement by district clerk of tax voted 338 

of statement by district clerks of tax voted by joint district 339 

of school register to be kept by teacher 333-335 

of statement of number of school children in the county 342 

to be furnished officer 158 

when town clerk appoints ; 328 

FREE HIGH SCHOOL— 

attendance ; nonresidents 200 

boards In graded school district I'^O 

l)oard to determine amount of tax ]9.';-194 

boards in cities In certain cases l''^9 

buildings, how provided 195 

buildings may be erected jointly with ordinary school district.... 203-204 

clerk to certify taxes levied 189 

clerk to report to state superintendent on manual training 198 

course of study ; qualification for admission 193, 197 

countersignature of high school diploma by county superintendent. 119 

course of study to be prepared by state superintendent 197 



380 INDEX. 



E^REE HIGH SCHOOL— continued. Page 

electors, powers of, buildings, etc 203 

district may be enlarged 187 

district may borrow money 16G, 172 

duties of olHcers, other departments apply 101 

district, officers of 189 

duties of board if electors fail to vote sufficient tax 193-1"J4 

electors to determine amount of tax levy in certain cases 193-194 

electors, powers of 18(> 

examination for establishment of 185 

examination of teachers of 197 

failing to receive aid 195-19G 

free to all resident pupils 193 

high school board to give certificates when countersigned lio 

how established 185 

how high school teachers may become legally qualified 197 

irregularity in forming district corrected 185-186 

inspector, provided for 4 

incorporation of village creates joint district 187 

in towns, aid to 187 

joint district provided for 186-187 

limited state certificate, nor elementary normal school certificate 

shall qualify as principal of 124 

manual training in 197—198 

may establish manual training department 197-198 

neglect of duty, penalty for 191 

officers ; powers and duties, how elected in towns, in districts, in 

joint districts ; board meetings, when and where held, votes, how 

canvassed 189-190 

principal elected city superintendent shall be examined by state 

superintendent 121 

qualifications of principals and assistants 193 

report blanks to be furnished by state superintendent 158 

residents of other districts may attend 200 

seven members on board 191, 193 

school building may be erected jointly with ordinary school district. 204 

separate ballot and ballot boxes for voters 189 

state superintendent to furnish blanks for annual reports 197 

state aid for manual training department 197-199 

state aid to, limited 188 

state aid to, may be withheld 195 

subiuission of question to vote 188 

supervision of 197 

to report to state superintendent 195-196 

town in which nonresident resides must pay tuition 201 

tuition, how paid ; statement of, how made, how collected, in vil- 

liages, in towns ; how collected in town or city not in high 

school district ' 201-202 

vote on establishment 185 

what certificate necessary for admission of nonresidents to free 

high school 201 

what constitutes completion of course of study in the home district. 201 

value of high school diploma when countersigned 119 

FREE PUBLIC LECTURES— 

in cities 84, 86 

FREE TEXTBOOKS— 

question of providing, shall be submitted 72-78 

GENERAL CHARTER LAW 260-272 



INDEX. *■ ' 381 



Page 
GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS 75-78 

GOVERNMENT OF SCIIOOLS-- 

rules and regulations for, to be luatlo by district board !»0 



HIGH SCHOOL — 

(Sec Free High Scliool.) 

(Sec Union Free Iligli Scliool.) , 

HOLIDAYS— 

counted in teacher's time j;,4 

legal, shall not be counted i;iO 

no Saturdays to be counted 1:10 

school taught on holidays not to be counted as two school days. . . . i;!0 

what days may be counted I,j4 

INCOME OF SCHOOL FUND— 

county treasurer to apply for l^i> 

how to be distributed 2 

when to be apportioned 2110 

to be applied by districts to payment of teachers' wages L'r>:; 

county treasurer to apply for 251: 

INDUSTRIAL, CO^IMERCIAL, CONTINUATION AND EVENING 

SCHOOLS 24.3-250 

assistant, how appointed 243 

admission of pupils 246 

board appoiuted by governor 243 

board may establish schools, when 245 

board of industrial education, term of office, powers and duties. . . . 243 

courses of study, how approved 24G 

local board, how organized 244 

local board to report to city council 245 

material used to be paid for by students 248 

manufactured articles may be sold 248 

moneys, how cared for 24G 

moneys, how paid 24G 

power of board to purchase machinery, tools, etc 245 

power of board to contract for lecturers by University Extension 

Division 245 

rate of tax restricted 24G 

salary of assistant 244 

school to be approved by state superintendent 247 

schools free to persons 14 or more years of age 247 

school, approval of 24G 

secretary of local board to report to state superintendent 247 

special aid, when granted 245 

tax, how levied and collected 245 

tax, may be in addition to other tax 24G 

teachers' qualifications 245 

towns, villages and cities to maintain school 244 . 

tuition fee, nonresident, how collected 247 

INDEBTEDNESS— 

loan may be voted to refund 165 

of district to be i-eported by district clerk 154 

INFANT— 

land of, how obtained for schoolhouse site 175 



382 -y^"^ INBEX. 



INSPECTION— Pago 

of cadets, report of officer 85 

of cadets, suspension from 36 

of county training schools 3S 

of common schools < 8 

of schools for the deaf 258 

of state graded schools 'Jlo 

of schools of agriculture 'SM 

of free high schools 4 

of manual training departments in free high schools _. . . 198 

INSPECTORS— 

free high schools 4 

rural schools 8 

state graded schools 213 

schools for the deaf and the blind 258 

INSTITUTES— 

attendance on, by teacher without deduction from wages 130-lol 

fund, county, what shall constitute 147 

instructors must hold certificates from state superintendent 147-148 

instructors, who may not be em.ployed 147-148 

normal school institute fund 33 

teachers', to be held by each county superintendent 142 

INSURANCE— 

of school property 107 

schools boards to form Are and tornado companies 309-315 

INVENTORY OP SCHOOL PROPERTY— 

shall be deposited with clerk 82 

INVESTMENT— 

of school funds 232 

JOINT DISTRICTS— 

assessments in , • 161 

formation and alteration of 4G, 49, 54 

may establish free high school^ 186 

may make loan , 165 

proceedings by town board, in regard to schoolhouse site 175' 

JUDGMENT— 

amount of to be assessed on tax roll 183 

against school districts, how collected 183 

appeal from 183 

no execution to issue on 183 

transcript of to file with town, city or village 183 

KINDERGARTEN— 

county certificate may be secured by county superintendent 129-130 

diploma from normal school may be made basis for issuance of 

license and state certificate 123 

diploma from other schools may be made a basis for issuance of 

special license or state certificate 12S 

may be established in cities of third or fourth class 73 

may be established in districts having graded schools 73 

may be provided in primary grades 112 

state certificate may be secured by state examination 129 

teachers, legal qualifications of 123, 128-130 



INDEX. 383 

LABOR— Page 

child law 294-:309 

day 3. 131, 156 

LABOR LAWS— 

actions, how bioiiglit iiO-l 

age of persons affected 2!)4 

attendance of childi'en at evening schools, continuation schools, etc. 'Ml 
children under 14 may be granted permits to work in certain places 

during vacation '-'Jo 

children now prohibitod from performing on musical instruments in 
churches or schools or taking part in concert, festival or musical 

exhibition 29G 

children carrying newspapers given special privileges ;>06 

children physically disabled to work to be refused permits 302 

children to wear badges 307 

children not i)rohibited from being employed at farming 30"J 

children under IS years of age not to have charge of any elevator. . 303 
children under IG not to be employed more than 4S hours in one 

week 301 

children under 16 not to be employed more than 8 houi"s in one day 301 

conditions under which a boy under 16 may do certain work ;'.06 

conditions under which permits are granted 30G 

duty of commissioner of labor and factory inspectors to enforce law 302 

duty of certain oflicers to grant permits in certain cases 294 

duty of officers to refuse to grant permits in certain cases 302 

factory inspectors have full power as truant officers 302 

factory inspectors can compel attendance at school 302 

factory inspectors may grant permits 294 

factory inspector may require reports from officers granting permit. 298 

factory inspector may revoke permit 303 

girls under IS prohibited from following certain callings 305 

kinds of machinery about which children shall not be employed. . . . 303 

kinds of labor at which children shall not be employed 294 

penalty for violation of labor law ; how recovered by officer 304 

penalty for violation of labor law by parent or guardian 300 

penalty for officers who failed to perform their duty 300 

permits ; what shall contain 300 

permit ; by whom granted 299 

permit ; by whom signed 294, 299 

permit ; recommendation for ; to be signed by school principal or by 

board of education in certain cases 297 

permit ; power to grant cannot be delegated 294 

permit ; not to be granted to children under 14 295 

permit may be granted to children under 14 to work in certain 

places during vacation 295 

permit ; record of to be kept by officer 299 

permits ; special may be granted to children under 14 in certain 

cases 295 

powers of commissioner of labor, etc 307 

provisions of labor law ; how and by whom enforced 302 

register to be kept by persons employing minors 300 

regulation of working hours 307 

revocation of permit 303 

unlawful to employ any person under 16 in certain places or occu- 
pations without permit 301 

workshop, factory and manufacturing establishment defined 304 

LEASE— 

district board may lease house or site 82 

of land of infant for schoolhouse site 175 

form of lease 339-330 



384 INDEX. 



LIABILITY — Page 

for allowing child under IG to use cigarettes or tobacco 318 

for expense incurred in use of sclioolhouse 82-8;> 

for injury to sehoolhouse 82-83, 315 

for loans 171 

of county for public charge 220 

of county superintendent for failure to make annual report 223 

of district clerk for failure to make annual report 223 

tax to discharge 00 

to removal from office for acting as agent 223-224 

LIBRARIES — 

adjoining districts may unite 176 

adjustment between adjoining counties 177 

books to be distributed among schools districts by town clerk 180 

books must be purchased from successful bidder 182 

books to be purchased annually by county superintendent 178 

books may be exchanged by public and school libraries ISO 

bond to be deposited by firm securing contract 182 

committee to make contract 181 

county and city superintendent to notify county clerk each month. 179 

county clerk to draw order on county treasurer 179 

county treasurer to pay company furnishing books 17!) 

dictionary shall belong 226 

duplicate copies of list to be furnished to the book firm 179 

express charges, how paid 179 

farm institute bulletins , 181 

fund, how obtained 176-177 

in incorporated villages, and cities of the 4th class 177-178 

inventory of books, to be made by teacTier 17S 

librarian, who shall be 181 

money shall be withheld from school fund income in each town to 

purchase 176 

operation of the law may be suspended 180 

penalty for failure to purchase books from successful bidder 182 

regulations concerning (see Township Library List for 1910). 

selection of books 177 

state superintendent to certify number of children to county clerk 

and treasurer 177 

town clerk to compare list of books ordered and furnished 178-179 

town clerk to distribute library books 179-180 

village and city clerks to distribute library books 180 

LIBRARIAN— 

duties of 176, 181 

of district library, who may be 176, 181 

of joint libraries, how appointed 176 

law may be suspended in certain cases 180 

of two or more districts may be united 176 

tax for, limited 66 

title to be vested in district 176 

LIMIT— ^ 

to amount of loan 164-16."5 

to school district taxes 60-71 

LOANS — 

application for, from trust funds, how authorized 164-168 

district may make, on unusual exigency 164 

district may make, to build sehoolhouse 164 



INDEX. 3^5 

LOAN'S coiiliiuii'd. I'ngo 

lor university I'luul , l!)-:.() 

liability tor ITl-lTi: 

tax levied to pay 17117:: 

to joint districts 171 

lo refund indebtedness 10."t lOii 

to school districts, liniilcil, liow paid ' ICC, 

when voted, may not be reconsidered.' Ki,"* 

MALFEASANCE— 

otHcial, what is ;jl(i 

MANUAL TRAINING— 

departments, state aid for 197 

in free high schools 1!)!) 

outline of work required l!»U-200 

teachers, in, to receive certiWcato from state superintendent lUS 

MAr— 

purchase of (Hi, ss 

railroad, to lie distributed by state superintendent .■lii'.i 

to accompany appeals L' r.> 

town clerk to make, and keep in his office ir>'.i 

MEETINGS — 

annual, when to be held '><"< 

formal notice of, board meeting when necessary 70 

in certain cases to reduce number of members of school boards to 

three 75 

notice of annual 50-57 

of district board, how called TO 

report to annual 5G 

school district, electors, powers of 0:i-75 

school district, to adjourn <'•:"> 

school district, to appoint chaifman, etc r,.". 

school district, to choose director, treasurer, etc <i:'. 

special 57 

to admit nonresidents and fix tuition fee G(>-67. ;-!5:> 

to authorize board to borrow money 66, 1G4-172 

to authorize board to suspend school 00 

to authorize purchase of textbooks, etc (!8 

, to authorize sale of schoolhouse, etc 05 

to designate site for schoolhouse (>'■'> 

to determine length of term, etc OS 

to impose tax to discharge debt Oii 

to make provision for prosecution of suit (iS 

to modify proceedings 0!) 

to vote compensation to district clerk, director and treasurer <;s 

to vote on free textbooks j 72 

to vote tax for site ti4 

to vote tax for teachers' wages 0.~> 

to vote tax for maps, etc GO 

to vote tax for district lil)rary GO 

to vote for tuition and transportation of jiupils r.'.t 

to vote to estal)lish kindergarten 7-"'. 

MIF-IT-MIV INSTRUCTION 14 1.:. 

25— S. L. 



386 INDEX. 



MINING SCHOOLS— Page 

aid may be given by county board 24 

annual reports 24 

appropriation " 24 

board meetings ; quorum ; officers 22 

branches of instruction 2o 

city wliere school is located may give aid 25 

collections of mineral 24 

course of study, to be provided by Dean of College of Engineering. . 20 

establishment of 22 

faculty, building, equipment, etc 22-2o 

mining school board 22 

rules and regulations 23 

report to be filed with course of study 25 

MISCELLANEOUS LAWS— 

free public lectures 227 

physical education 231-232 

powers of boards, in cities and villages 227 

railroad maps for schools 309 

remonstrance by parents prohibiting sale of liquor 292-293 

residents, who are, county liability for 22G 

sale of liquor prohibited within 300 feet of schoolhouse in certain 

cases 292 

universities and colleges, powers of trustees 309 

women may be school officers 22G 

MISCELLANEOUS; WITH PENALTIES — 

county superintendent's liability 223 

county superintendent ; may be removed 289 

discounting claims 316 

district clerk's liability 223 

district treasurer's liability 223 

disturbing schools, punishment for 317 

district officers may be removed 224-225 

failure to provide fire escapes 314-315 

for drawing order unauthorized by law or by electors 224 

for employment of minor 308 

for injury to buildings, etc 315 

for failure to comply with child labor law 304 

for refusal to enforce decision 224 

for refusal to deliver money to successor 316 

for recovery of forfeitures 224 

official malfeasance 316 

officers not to deal in textbooks,, etc 223-224 

penalty for using tobacco in certain cases 31 S 

town clerk's liability . 223 

punishment for distributing obscene literature, immoral books.... 317 

persons under 16 prohibited from using tobacco -MS 

penalty for using tobacco, fine or imprisonment 318 

MONEYS — 

apportioned by town clerk, not paid out 253 

borrowed, use of 165 

collected of defaulting treasurer, how applied 107 

collected on forfeitures, how applied 224 

collection and application on division of property 54 

district may authorize board to borrow 60 

due new district, how raised 54, 55 

jnay be voted by school districts , • • 64-08 



INDEX. 387 



MONEYS — continued. Tage 
not to be apportioned to towns failing to raise amount required by 

law 251 

not to be apportioned to districts wbicli bave not maintained scbool 

for eigbt months 252-253 

of dissolved districts, how disposed of 55 

to be returned to individuals in certain cases 54 

MONTH— 

school, what shall constitute 130, 253 

MORTGAGE— 

on school property, may be given as security 164 

NEGLECT— 

of duty 223 

to keep school 55 

NONRESIDENT — 

admitted to county training school for teachers 41 

may attend nearer school under certain condition 87 

maximum fee fixed by law 353-354 

pupils admitted to high schools 200-202 

tuition fee 66, 8T 

NORMAL SCHOOLS— 

accounts, how made 29 

accounts to be examined, when 29 

additional, alteration of buildings, etc 28 

agents appointed by state superintendent 33 

annual appropriation from general fund 32 

applicant for admission to make declaration of intention to teach. . 31 

building plans to be approved by governor 32 

board of regents, how composed, meetings of 26 

board of visitors ;)2 

compensation of regents 28 

courses of study, county teachers 30 

diplomas and certificates for graduates 31 

diplomas and certificates may be basis for license and state certifi- 
cate 124-125 

disqualification of oflBcers or teachers 27 

donations, collection and application of 28-29 

equipment 30 

final standings from, may be accepted by county superintendent. . . . 120 

government is delegated to faculty 30 

income .■!4 

kindergarten diplomas basis for license to teach and may be a basis 

for a state certificate 12."> 

laws respecting 20-34 

may purchase dictionaries from state superintendent 225 

meetings of board of regents 27 

model schools 30 

objects of 30 

oflScers of board 27 

powers of regents to make rules, etc 30 

proceeds of sales, to what applied 27 

public lectures may be provided for .">! 

regents' report 34 

regents have power to purehasii proiicrty, ecinipiiu'nt, etc 2() 

regents may prescribe a two year college course foi- graduates from 

accredited high schools 33 



388 INDEX. 7 

NORMAL SCHOOLS— continued. Taj^'c 

removal of teachers or officers i>0 

report to be made by auditing committee 20 

rules for admission of students ol 

site may be donated -8 

state tax ; loans •'>- 

teachers' institutes, how held ; appropriation for 33-;!4 

model schools -j^J 

objects of ■'" 

state tax ; loans 32 

NOTICE— 

for meeting of supervisors to alter school districts 48, 49 

for meeting of supervisors to establish schoolhouse site 17:3 

for establishment of free high school , 185 

for establishment of union free high school 205 

from truant officer to parent of child 103 

in case of neglect of inhabitants to assemble 46 

of alteration of joint school district 4G 

of alteration of school district 4S 

of annual meeting 5G 

of annual meeting of union free high school district 20'.) 

of appeal to circuit court 174 

of apportionment of school fund income 251 

of election of union free high school officers 208 

of election of officers 78 

of first meeting of district 45 

of meeting of assessors to equalize taxes 161 

of proposition to build union free high school 205 

of school board meeting '. . . 70 

of special meeting to include object of meeting 58-57 

of special meeting to borrow money 170 

of special meeting of union free high school districts 200 

to owners of proposed schoolhouse site 173 

OATHS— 

(See Affidavits.) 

administered to challenged voter 61 

of office, state superintendent 4 

of district clerk 15-"' 

may be administered by county superintendent 120 

OBSCENE BOOKS— 

penalty for distribution, etc 317 

OFFICERS — 

(See Duties.) 

not to act as agents 223-224 

not to draw up or countersign an unauthorized order » 224 

of common school district to be elected by ballot 63 

of county training schools for teachers 37-42 

of county schools of agriculture and domestic science 233 

punishment of (see Fines and Forfeitures). 

removal of — '*~ — ■' 

to attend convention l"^"' 

to make certain reports 3 ;)3-liiS 

to sue for forfeitures --"^ 

truant; duties of (see Compulsory Attendance Law.) 

woman may be 336 



INDEX. 389 



ORDERS— rage 

clerk to draw HI 

director to countersign , 107 

drawn in favor of teachers 112 

of town board ; to be filed ; when to go into effect 48-49 

treasurer to pay money on 109 

ORGANIZATION— 

of a school district 4G 

of county training schools for teachers 37-o8 

of county schools of agriculture 233-2;!4 

of day schools for deaf and blind children 257 

of free high schools 185 

of schools in cities of first class 275-288 

of schools in cities under general charter law 260-2G8 

of state graded schools 212-215 

of union free higii schools . . . 205-211 

TAYMENT— 

of loans under district system 164-168 

PARENTS, GUARDIANS, ETC.— 

required to send children to school (see Compulsory Attendance Law). 

I'ENALTIES — (See Fines and Forfeitures; 231 

rilYSICAL EDUCATION— 

all city school boards must provide for 231-232 

examination in, required for graduation 232 

normal schools must provide 232 

'•playground management" a part of physical education 232 

required in county training schools 232 

PHYSIOLOGY AND HYGIENE— 

provision shall be made for instruction in . . 113 

textbooks in, to be approved 113 

POWERS— 

corporate, of a district 47 

of a district meeting 63-69 

of a school board 79, 84, 96-97, 105-107 

of a special meeting 57 

of electors, transportation and tuition 69-70 

of electors 63-78, 210 

PROCEEDINGS— 

by joint districts in regard to schoolhouse site 175 

for alteration of joint school district boundaries 49-50 

in case of appeal 219 

of district meeting may be altered or modified 69 

of supervisors, etc., in forming and altering school districts 42-55 

publication of official proceedings in villages and cities 259 

PROPERTY— 

condemnation of ; by inspectors 230 

condemnation of ; by county superintendent 142 

division of 53 

for basis for loan from trust funds 166 

of a district, to be in care of board 82 

of dissolved district 55 

of school district may be sold 65 

personal, taxable for school purposes 161 

public ; injury to ; penalty for 315 



390 INDEX. 



PROSECUTION— Page 

of action in which district may be interested 68, 107 

of county treasurer for recovery of money 160 

of town treasurer for recovery of money 110 

by voter, of action for forfeiture 102 

PUPILS— 

expulsion of 96 

transportation of 69 

nonresident may attend school 66 

nonresident may attend free high school 200-202 

nonresident may attend county training school 41 

QUALIFICATIONS— 

of kindergarten teachers 123, 125, 128 

of teachers generally 113-126 

of free high school teachers 193 

of union free high school teachers 193 

of manual training teachers 123, 197 

of county training school teachers 38 

of county agricultural school teachers 235-236 

of institute instructors 145 

of city superintendent 273-274 

of county superintendent 149-151 

of voters 58-63 

RAILROAD MAPS— 

to be distributed to schools 309 

REAL ESTATE— 

districts, may hold 46-47 

taxes on, how assessed and collected 161-163 

valuation of 161-163 

RECORDS — 

lost, restoration of 47-48 

of school district, to be kept by clerk Ill 

of attendance of pupils to be kept by teachers 100-101, 131 

RE-EXAMINATION— 

of applicants refused certificates by county superintendents 110 



REFUSAL — 

of assessor or other town officer to equalize tax 162 

of certificate by county superintendent 119 

of public oflicer to delivery moneys, records, etc., to successor 316-317 

of school district ofiice, in writing 78 

of town board to carry into effect decision of state superintendent. 224 

of officers generally 316-317 

of taxable inhabitant to perform certain duties 223 

REGISTER— 

neglect to keep, forfeits wages 131 

to be furnished teacher by district clerk or secretary 131 

what to contain, etc 131, 333-335 



INDEX. 391 



HEGULATIONS AND RULES— Page 

district board to make t)0-i»7 

I)roscribed by state supprintendcnt for libraries (see Library List for 
1910). 

relating to appeals 218-222 

relating to examinations ; county 140-141, l-IC> 

relating to examinations ; state ]'_'2 

relating to state certificates ]21-l.;i) 

REMOVAL— 

of city superintendent 27.".-2T4 

of county superintendent 2Mt 

of district officers for neglect of duty :-24 

RKPAIUS OF SCHOOLHOUSES— 

county superintendent to direct 142 

district board to attend to S2-8:> 

state inspectors to direct 2.".0 

tax to be voted for <>4 

REPORTS— 

l)lanks to be furnished to state graded school officers 2 in 

blanks for annual reports of school census, etc., to be furnislied by 

state superintendent L'lS 

blanks to be furnished by county superintendent 101 

blanks to be furnished by truant officers or superintendent 102 

blanks to he furnished by state superintendent to high school officers l'.)7 

of board of visitors of normal schools 02 

of city superintendent or clerk to state superintendent l")! 

of county superintendent to state superintendent 142 

of county superintendent to county clerk ]4."» 

of county superintendent to county board 3 42 

of county- superintendent to truant officer 10;> 

of district clerk to town, village or city clerk 15.'! 

of district clerk ; what to show ir>."5-154 

of district clerk to town treasurer Ill 

of district treasurer to electors at annual meeting 100 

of free high school clerk to state superintendent I'.'l 

of free high school in cities not under county superintendent I'.H 

of free high school boards for state aid I'.i5 

of manual training departments I'.iS 

of union free high school board to state superintendent to be made 

as free high school reports, etc., are made 21 1 

of state graded schools to state superintendent 214 

of county training schools to state superintendent ."{S 

of board of joint county training schools to be made to county clerk 41 
of board of joint county training schools of agriculture and domestic 

science 2.".0 

of secretary of board of county schools of agriculture to state super- 
intendent 2:!0 

of day schools for the deaf and blind 2.'')T 

of inspector of day schools for the deaf and blind to state superin- 
tendent 2."^ 

of board of mining trade school to county clerk 24 

of town clerks to county superirttendent 156-158 

of town clerks, what to contain 156-157 

of committee to examine accounts of school board T-'> 

of state superintendent to the governor 7 

of town, village and city clerk showing kind and number of library 

books received 178-179 



392 INDEX. 



RESIDENCE— Page 

of children 153-154, 157 

of county superintendont 145 

of voter, how determined , Gl-63 

RESIDENTS— 

who shall be deemed, for school purposes 58-63 

for voting purposes 01-03 

RULES— 

may be made by district board 98-97 

respecting appeals 218-222 

RESTORATION — 

of lost records 47-48 

REVOCATION— 

of state certificates ' 125 

of other certificates 120 

RURAL SCHOOLS— (First and Second Class.) 254-257 

RURAL SCHOOL INSPECTOR— 

duties of 8 

to be appointed 8 

to hold conference with school officers 8 

SALARY — 

of city superintendent 151 

of county superintendent ■ 151-152 

of district clerk, director and treasurer provided for 68 

of state superintendent 8 

SALE— 

of school property 55-56, 05, 8- 

SCHOOLS— 

additional teacher for 74-75 

attendance at, compulsory 98-104 

cities of the first class 275-289 

cities under general charter law , 260-268 

county training school for teachers 37-41 

definition of 149 

for the deaf and blind 257-259 

neglect to keep 55 

of agriculture and domestic economy 233-236 

professional, defined 114 

SCHOOL BOARD— 

(See District Board.) 

SCHOOL BOOKS— 

annual meeting must vote on free textbooks 72-73 

boards in cities may purchase 105-106 

city and village boards of education may adopt 105-106 

district board may purchase, for indigent pupils 88 

district board shall determine what shall be used 105-106 

district electors may authorize board to purchase 6S 

who not to deal in 224 



INDEX. 393 



SCHOOL CENSUS^ rage 

bow taken and reported by district clerk in joint districts 154 

wben to be talicn 15:^ 

wben to be reported by district cleric ' 153-154 

when to be reported by town, village or city clerk 157 

when to be reported by county or city superintendent 157-158 

whom to include 153, 157, 15S 

SCHOOL DISTRICT— 

area not restricted 42, 21*;) 

accounts must be examined 73 

alteration of -45, 46, 48, 49 

alteration of, in town and village 54 

boundaries not to be changed under certain conditions 171 

contract to be made with 47 

corporate powers of 47 

extinguishment' of 55 

high school district joint 18G 

how formed 42, 45, 46, 48, 49 

joint, how formed 4G, 49, 54 

judgment against, how collected 183 

loan limited, how paid 166 

may authorize district board to borrow money 66, 164-172 

may have board of seven members • 263, 191 

may receive state aid for graded schools 214 

meetings, annual, when to be held 5G 

name 47 

notice for annual meeting of by supervisors 45, 46, 56 

notice for first meeting of 45, 46 

not to be altered so as to leave indebtedness exceeding five per 

centum valuation 42 

not to be changed between first day of December and first day of 

April following 49 

number must not be changed 44 

officers of, to file written acceptance of office 46 

officers of 78 

powers of 6.'>-7r> 

property of, dissolved 55 

Cjualification of voters in 5S-(;.", 

to consist of contiguous territory 42 

when to be considered organized 46 

SCHOOL FUND INCOME— 

apportionment of, by state superintendent 6, 250, 251 

how distributed 6, 250, 251 

investment of 232 

may be withheld 251 

moneys, how and when collected and paid 290 

to be used in payment of teachers' wages 25rs 

SCHOOL FUND— 

distribution of income of 250-253 

tax for 2 

what constitutes l 

SCHOOLHOUSE^ 

board shall have care of ^2 

compensation to be made for site of 173-174 



394 INDEX. 



condemnation of 230 

district board to provide appendages for «2 

kept in repair &i! 

may be declared unfit for use 142 

may be sold 55, 65, ii2 

plans and specifications for 2-{) 

plans to be approved by county superintendent 

purchase of ^2 

repairs on, may be ordered by state inspector 230-2:!l 

site of, how designated and established G."!, 173 

site of, quantity of land IT.'J-lTu 

tax to build, how limited U4 

use of for public meetings 83 

SCHOOL MONTH— 

what shall constitute 130, 253 

SCHOOL REGISTER— 

teacher shall keep 131 

to be furnished by clerk or secretary and kept by teacher Ill 

what to contain, etc 131, 333-335 

SECRETARY— 

and superintendent 274 

SECTARIAN INSTRUCTION— Tage 

textbooks, inculcating, not to be used I0(> 

prohibited 2,5 

SITE OF SCHOOLHOUSE— 

amount of land condemned not to exceed four acres 175 

compensation to be made for 173 

designated by electors 6-^ 

how established 03, 173 

to abut on highway 

infant's land, how obtained ] 7.1 

notice to land owner 173 

payment of award 174 

purchase or lease of by district board 82 

proceedings to obtain site, for joint districts 175 

quantity of land when condemned 175 

tax for 64 

to revert to original owner ; when 175 

SPECIAL DISTRICT MEETING— 

notice for 57 

powers of 57 

SPECIAL LICENSES— 

(See State Certificates.) 

may be granted on diplomas from accredited institutions 122-127 

may be granted on diplomas from University of Wisconsin and Wis- 
consin normal schools 122-126 

STANDARD— 

of attainments of teachers 118 



INDEX. 395 



STATE BOAUD OF HEALTH— 

to join with state superintcnclcnt in approval ol' textbooks in pliysi- 

ology and hygiene 113 

STATE CERTIFICATES— 

diploma from high schools may be countersigned by county superin- 
tendent 1 1'J 

diploma from normal school kindergarten may be basis tor issuance 

of special license and state certilicate ^ 1-5 

diploma from regular course of Wisconsin state normal schools, etc., 
may be made basis for issuance of special license or state certili- 
cate 1-^ 

diploma from regular course of other state normal schools, etc., may 
be made basis for issuance of special license or an unlimited state 
certificate 124-1U5 

diploma from regular courses of Wisconsin state university, etc., 
may be made basis for issuance of special license or an unlimited 
state certilicate 1-3 

diploma from regular courses of other universities and colleges, etc., 
may be made basis for issuance of special license or an unlimited 
state certilicate 1-"-'. l-T 

diploma from manual training and domestic science departmeuts. . 12:>, 1-7 



STATE GRADED SCHOOLS— 

aid may be refused 2i:5 

application for aid, amount of 213-214 

apportionment of aid to 214 

average daily attendance required 212 

classes of 212 

course of study, reports 215 

equipment required 213 

inspection 213 

inspectors for, how appointed, duties 214-215 

length of school year 212 

number of schools limited, cities excluded 215 

qualification of teachers in 212 



STATE PUBLIC SCHOOL — 

admission of deformed children 250 



STATE SUPERINTENDENl^— 

and assistants, shall not act as agents, etc 223-224 

assistants, clerks, etc 4,8 

authorized to grant state certificates based on diplomas from state 

university and normal schools 124 

authorized to grant kindergarten certificates 125 

duties of 4-0 

how chosen, powers and compensation 1 

may examine principals of high schools, who shall be elected city 

superintendents 121 

may grant certificates to day schools for the deaf 257 

may grant certificates to teachers of county schdols of agriculture. . IDS 

may grant special licenses for limited period 127 

may grant special certificates 127 

may grant special licenses on recommendation of state board 128 

may issue certificates on re-examination 119 

may purchase dictionaries 225 



396 INDEX. 



STATE SUPERINTENDENT— continued. Tage 
may require statement of wliole number of cliildren residing in any 

district 153-154 

may revoke state certificate 125, 147 

not to apportion money in certain cases 251 

office provided for 7 

term and oatli 4 

to advise v^ith county superintendents as to standard of attainments 

for county 118 

to appoint agents to conduct institutes 7, 145, 147 

to appoint board of examiners 121 

to appoint county superintendent in certain cases 151 

to appoint inspector of scliools for the deaf 258 

to apportion aid to free liigli schools 187 

to apportion the school fund income 6, 250 

to approve courses of study for commercial schools in certain cases. 8 

to approve maps, charts and school apparatus 88 

to approve qualifications of teachers of deaf and blind children. . . . 257 

to approve textbooks in physiology and hygiene 113 

to approve the qualifications of principals and assistants of high 

schools 193 

to approve plans for school buildings 229 

to certify aid to training schools for teachers 38 

to certify aid to schools of agriculture and domestic economy 236 

to certify aid to schools for the deaf and blind 257 

to certify apportionment of school fund income to secretary of state 290 

to certify manual training apportionment to secretary of state .... 198 

to certify expenses of board of examiners 122 

to collect books and school apparatus tj 

to decide appeals (3 

to designate counties in which teachers' institutes shall be held. ... 33 

to distribute railroad maps 309 

to establish standard of qualifications for and grant certificates to 

teachers in manual training departments, domestic economy, etc.. 198 

to furnish amendments to laws 158 

to furnish blanks for reports of free high schools 197 

to furnish county superintendent certificate of attendance on con- 
vention 144 

to furnish library record books 181 

to furnish ofiicers with blanks for annual reports 6, 158 

to give information and assistance to manual training departments. 198 

to give notice of apportionment to county clerk and treasurer. . . . 251 

to grant certificates to commercial schools in certain cases 8 

to hold one convention of county superintendents each year 7 

to hold one convention of city superintendents each year 7 

to supervise schools 5 

to issue certificates to graduates of University of Wisconsin and 

Wisconsin normal schools 122-125 

to issue circulars and bulletins of information (5 

to issue county superintendents' certificates 14(5 

to make record of state certificates .- 122 

to make rules for the government of institutes 7 

to notify school officers of neglect to make report 252 

to pay to state treasurer money received from sale of dictionaries . . 220 

to prepare and furnish list of books 5 

to prepare and furnish courses of study 5 

to prepare a report to the governor 7 

to prepare a course of study for free high schools 197 

to prescribe rules for libraries 6 

to prescribe rules for state examinations 121 



INDEX. 31)7 



STATK SUI'KKIXT]':NI)KXT— continued . Tage 

to print, index and distribute laws relating to scliools U 

to prohibit use of sectarian books 5 

to rondel" account of dictionaries sold in report to governor ^-(i 

to suspend library law ISO 

with state examiners maj' determine additional branches for unlim- 
ited state certificates 1 lil 

STATIONERY— 

purchase of, by county clerk in:: 

school boards may purchase S8 

to be provided by county board of supervisors for county superin- 
tendents 152 

STOUT INSTITUTE— 

appropriation for maintenance 250 

board of trustees, how organized, duties of 1248 

board has power to suspend students for misconduct 114'.) 

industrial board to accept L'4S 

not to interfere with trade schools established under chapter 122, 

laws of 1907 2r.() 

purpose and object of the institute 24'.i 

to appoint a president 24;> 

to purchase supplies and prescribe rules 24'.) 

to co-operate with other institutions 241) 

STUDIES— 

in which applicants for certificates are to be examined. . . .li:J-117, 122-124 

in which principals of free high schools are examined 1!>.", 

music and manual training for schools for the blind 250 

physiology and hygiene 1 ] :j 

what shall be taught in district schools 112 

SUIT— 

against district, director to defend loT 

district to give directions for prosecution or defense of US 

SUMMER SCHOOL — 

of science 20 

SUPERINTENDENT— 

of cities 204, 2?;; 

(For powers and duties generally, see County Superintendent. I 

TAXATION— 

of free high school districts I,s.">-1 ST 

of joint districts 5:!-54, lfjl-l(>;! 

of school districts G4-(j8, 1(>1-1(!:'. 

of union free high school districts 210-211 

TAXES— 

annual school 2 

assessment of district 1G1-I(i."'. 

deficiency in 04 

district clerk to deliver statement of, to town I'lerk 10:; 

for exiienses of transportation ol' jiMpils (jO-7o 

fcir niMintaining free high sclimil T.i4 

for fiirnisliing free textbooks 72 

fur mnintaining union free high schools "..... 211 

I'lir insiruclion of pupils in anotlier district (10 



398 INDEX. 



TAXES — continued. Page 

for library, limited 60 

for normal schools 32 

for payment of teachers' wages 05 

for purchase of apparatus -. 6G 

for purchasing town free high school sites and buildings 105 

for schoolhouse and site, limitation of 04 

for university 17 

limitation on G-1-66, 71 

not to be voted at special meeting unless three-fourths of legal voters 

are notified of the meeting 57 

school district, on what property to be assessed 101 

school fund, apportionment 250-253 

special, in cities of third and fourth classes (see Borrowing Money) 104-172 

to be assessed by town clerk 163 

to be raised by towns and cities for support of schools 250 

to discharge debts (see Borrowing Money) GO 

to pay judgment against district, how assessed and collected 183 

to raise money due new districts, how assessed 54 

town treasurer to collect and pay to district treasurer 15;j 



TEACHERS— 

(See Qualifications.) 

additional, in certain cases 74-75 

certificates may be annulled 120, 123, 125 

contract to be in writing 95 

tax for wages of, limited 05 

to be examined and licensed ; . 113-114, 121, 125 

to forfeit wages, for neglect to keep register 131 

to keep register 131 

to maintain order in school 97-9S 

to report to district and county superintendent 131 

to report attendance, etc., to county superintendent, penalty for neg- 
lect to make report 101, 102, 131 

to teach elements of agriculture 112 

wages to be paid from school fund income 112 

TEACHERS INSTITUTES— 

appropriation for 33 

conductors, who may be 142, 145, 147 

county institute fund 147 

how held and conducted 33 

teachers may be allowed to attend 1^!0 

to be held by county superintendent 142 

TEACHERS' INSURANCE AND RETIREMENT FUND— 

Insurance fund, how administered 132 

proceeds, how and when collected 132 

teachers to elect i;!2 

vacancy in board, how filled 133 

board of trustees, how organized 133 

trustees to meet ; to serve without pay 133 

to care for fund and investment 134 

to report annually 134 

board may be sued l-")4 

teachers to be assessed 1 34 

liability of teachers i;>4 

teachers may beconie members, must give notice to trustees 134 



INDEX. 3(J9 

TEACHERS' INSUUANCE AND RETIREMENT FUND— continued. I'age 

what statements shall include 135 

copy of statement to be sent to superintendent ISO 

statement to be made by board to superintendents iu certain cases loG 

duty of county and city superintendents to report i:!G 

records, how kept 13U 

duties of town, village and city treasurers 1H6 

duties of county treasurer i:jO 

duty of state treasurer 13(j 

penalty if no report is made i;i7 

state treasurer to set aside certain moneys 137 

fund, how constituted 137 

assessments, how determined 137 

teacliers may retire 137 

term of service, how computed 137 

application for annuity 138 

amount of annuity 138 

teacher entitled to refund 138 

payments, how made 189 

leave of absence may bo granted 130 

renewal of annuity 139 

annuities not subject to assessment 139 

the term "teacher" defined • 139 

cities of the first class omitted 140 

TERMS— 

of school, may be fixed by vote of district 6S 

TEXTBOOKS— 

adoption of, in cities lOG 

board to select 105-100 

choice and change of '. . . 105-10(3 

county uniformity of, how secured 237-242 

free textbooks, to be voted upon 72 

in cities of the first class, not to be changed for 5 years 281-282 

in cities under general charter, not to be changed for 5 years 204 

in physiology and hygiene, approved by state superintendent and 

board of liealtli 11;', 

investigating committee ] 07 

list of, adopted, not to be changed for 3 years 105 

may be furnished free to children 100 

penalty for changing adopted books lOG 

purchased by board in cities, on what conditions 106 

purchase of, authorized 68 

shall not inclucate sectarian ideas 106 

to be loaned pupils 68 

to make list of. file with the clerk, and post in the schoolhouse. . . . 105 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— 

abolished 228-229 

area of school district 220 

duties of board of supervisors 228 

joint districts, how maintained 228 

school population necessary in order that district may be formed.. 229 

supervisors must meet 22S 

supervisors must give notice ! 228 

supervisors shall grant public hearing 228 

supervisors shall create independent districts 2'^S 



400 INDEX. 



TOWNSHIP SYSTEM OB' SCHOOL GO VERNMENT— continued. Page 

supervisors sliall determine amount of indebtedness in certain cases 228 

supervisors sliall file determination with tovs^n clerk 228 

town clerk must sign certificate of indebtedness 228 

TOWN BOARD OF SUPERVISORS— 

to allow certain amount to district for each public charge 22G 

to call meeting of districts having no officers 46 

to certify, in certain cases, a larger tax than is named in the law . . G4 

to change school district boundaries 45 

to condemn land for school site and fix compensation 173-174 

to consolidate districts 42 

to determine proportion and amount of property due new districts. . 53-54 

to dissolve school districts and dispose of property 53-54 

to establish a schoolhouse site 17H 

to forfeit sum for neglect or refusal to carry into effect decision of 

state superintendent 224 

to form joint districts 46-4y 

to form school districts 42 

to give notice to taxable inhabitant to call first district meeting. . 45 
to give notice to district officers of formation of district or altera- 
tion of boundaries 48 

to give notice to owners of schoolhouse site 17;{ 

to make an order when a district is formed or changed 45 

to meet with village board or common council 40 

to number school districts 44 

TOWN CLERK— 

certificate of appeal in condemnation proceedings to be filed with.. IS-'i 
liable to removal for refusal to carry into effect decision of state 

superintendent 224 

liability for neglect to make annual report 22;> 

to apportion free high school tax 193-194 

to apportion school moneys 252-253 

to assess amount of judgment against district 183-184 

to assess taxes 1G3 

to compare library books received with list and report to county 

superintendent 179 

to distribute library books to school districts 179 

to file reports and papers 159 

to fill vacancy in district board 80 

to include in taxes sum certified by clerk or secretary of school board 94 

to make a map of town 159 

to make records concerning school districts 159 

to re-apportion money not called for in a year 253 

to report name and address of himself and district clerks to county 

superintendent 159 

to report to county superintendent t.10-158 

to see that district clerks make correct reports 159 

to call meeting of district clerks 154 

TOWNSHIP LIBRARY— 

(See Public Sciiool Library.) 

TOWN TREASURER — 

prosecution of, by disirict ti'onsurer 110 

to apportion moneys received througli lialiility ol: sc-hool odiciTs. . . 22."'> 

to certify amount paid by him to districts previous year 100 

to certify to town clerk amount of school money in his hands IfiO 

to prose;"ate county treasurer 160 

1 ;" receive and pay out school money 159 



INDEX. 401 



TRAni': SCHOOL— 

advisory committoe providod for, how oonstitutcd, powors of, torm 

of ofliee i.'(>;i 

ages of students IJOO 

establishment of school -JTl 

duties of the common council i;71 

have power to equip with necessary machinery and tools !.•(>!) 

how organized and maintained i;0!) 

length of term of appointment of committee 1!T0 

maximum amount of tax levied I'Vv 

minimum number of students permitted L'Uii 

notices to be given I'T I 

petition, how signed •211 

power of school board to establish and tix fee for tuition, amount 

of such fee determined 270 

procedure when part of territory lies outside of city limits 271 

procedure in cases where no petition is liled 272 

school board, how composed 20!) 

school boards have control 209 

school boards may establish and maintain, may employ instructors. . 20!) 

school boards to make rules and regulations for 2(:t> 

school board may dispose of articles manufactured, proceeds of 

sale to be paid into trade school fund 270 

school board to make tax levy 27m 

special election, how noticed and conducted 271 

temporary transfer of money from school fund, to be refunded . . 27<» 

question may be submitted to the people at a special election .... 271 

vacancy on committee, how tilled 270 

votes, how canvftssed 281 

TRANSFER— 

of deficiency in county school tax 251 

TR.VXSPORTATION— 

appropriation 218 

arrangements may be made with parents to transport their children ."2. 7n 

average daily attendance of pupils necessary to secure aid 210 

by street or steam railway, etc 217 

board to report to state superintendent 217 

electors to vote tax to cover expense of 00-70 

driver of each wagon to be of good moral character 217 

of pupils 09-70 

may be to state graded school 217 

notice of annual meeting to include that question of transportation 

will be voted upon 218 

report blanks to be furnished by state superintendent 217 

shall be to first class rural school in certain cases 217 

special aid for 210 

statement to be sworn to 218 

to grades below a high school 210 

to be provided for 32 weeks in certain cases 210 

written contract to he entered into 210 

TRUANT — r'fi«« 
(See Compulsory Attendance Law.) 

oflBcers, compensation for , lf^-1 

TRUST FUNDS— 

(See Borrowing Money.) 

26— S. L. 



402 INDEX. 



TUITION— 

electors to vote tax for GO 

fee for nonresident pupils 67-69, 253 

fee for nonresidents attending training schools 41 

in district schools v 

in free high schools, how paid in certain cases 200-203 

in normal schools -.n 

in university ] 5 

maximum fee fixed 253-254 

UNION FREE HIGH SCHOOLS ; ESTABLISHMENT OF— 

annual meeting of electors 20S 

electors, powers of, who may be 5S;-5!), 210 

effect of organization of union free high school district upon exist- 
ing ordinary high school district if there be one 207 

school building may be erected jointly with ordinary school district. 204 

incorporation of a village 2H 

notice of union meeting 200 

officers of union district, how elected 207 

result of vote, how certified 207 

special meeting, how called 20!) 

taxes levied by board when electors fail to provide . 211 

taxes ; how collected ~. 21 i 

union high school district board meetings 209 

union free high schools to be conducted under the rules and regula- 
tions governing the management > and conduct of other fr(-e high 

schools 211 

vote upon organization 207 

vacancies in board ; how filled 210-211 

when territory is in one town 2o.j-206 

when territory is in two or more towns 206 

when territory includes an incorporated village and outside territory. 2,;6 

UNIVERSITY— 

accounts to be examined 13 

agricultural demonstration stations 20 

board of regents ; how composed 10 

diploma may be countersigned (See State Certificates.) 124-125 

funds for support of 15-21 

graduates entitled to certificates 124-125 

appropriations for maintenance '..... 17-19 

appropriation 21 

county must lease land 21 

location of, how determined 21 

power to establish 20 

income, use of 12 

laws in relation to 10-21 

may purchase dictionaries from state superintendent 225 

military instruction 14 

object and departments 14 

establishment of 10 

open to both sexes 14 

other colleges may be added 12 

UNIVERSITY; AGRICULTURAL DEMONSTRATION STATIONS — 

powers of board ; officers 10 

president of 13 

regents' expenses 20 

reports and printing 12 

summer school of science 20 



INDEX. 403 



rxn'KUSITY: AGniCT'I/rT'UAL DEINIOXSTUATIOX STATIONS— 

(continui'd) Vnixc 

tax for, and appropriation of part ; loan 17 

the observatory -0 

tuition 15 

two branches agricultural experiment stations to be equipped .... L'0-21 

WCASCY— 

after GO days' absence -. X- 

in county traininj;' school board ; how Hlled .'IT 

in county agricultural school board 'S\4 

on school board Nit 

what may cause — (See Note.) SO-Sl 

VAIJTATIOX— 

of district propoi-ty, how diMcrmined .">"> 

of property in Joint districts, to be ecjualized by town assssors... Uil 

of realty ] ;*. I 

VIOLATION— 

of law by public oflicer ( See Penalties) :!li! 

VISITING SCHOOLS— 

by deaf and blind school inspector "-'.'V! 

by high school in.spector . . . I 

by inspector of rural schools s 

by state graded school inspectors iM 4-L'1 ."> 

required of school o.Ticers , .".Id". 1 i 1 . I '.IT 

WAGES— 

to be specified in contract of teachers !ir> 

WOMEN— 

eligible as school officers 2"2r> 

ni;iy vote at school (>lecti<)ns .".S-.".'.» 



:• ' -//< 



LBJl '12 



